Patent litigation is the 800 pound gorilla in the boardroom. It is almost always very expensive. Patent claims can be destroyed (or validated). Although injunctions are no longer simple to obtain, litigation can result in a court order prohibiting certain infringing activities. Damages can be catastrophic. Enforcing a patent later held invalid can lead to liability for the patentee.

Adding to the complexity is that certain courts (for example, the Northern District of California) are generally considered hostile to patents while other courts (for example, the Eastern District of Texas) are generally considered inventor-friendly. Different courts operate on different time frames as well: Some courts get you to trial in a year or two, and others take many years.

The reason this matters is that you do not control whether you are involved in patent litigation, and if so, which court you are sued in. If you own the patent, an infringer could seek a declaratory judgment of non-infringement or invalidity. If you are the infringer, you can be sued without warning.

The bottom line is that you need to consider potential patent litigation well before you are ready to sue or defend a suit. Simply sending a demand letter could be the basis of a declaratory judgment lawsuit. 

We have years of experience in patent enforcement, licensing, and deal-making. You need guidance and representation throughout the process. We’re there for you.