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Articles

Winning Global Patent Litigation Strategies for the 21st Century

September 22, 2009

Articles

Winning Global Patent Litigation Strategies for the 21st Century

September 22, 2009

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John Schnurer article

No matter your industry or company, there is a competitor who is busy trying to take market share from you.  To successfully counter such attacks, companies must seek ways to gain the advantage over their competitors.  Patent litigation is one way to garner or protect market share.  It can be used, for example, to enjoin the manufacture, sale or use of a competitor’s products, exclude their importation or increase their cost basis.

Patent litigation can even be used to discourage a customer from designing in a competitor’s products.  A fear of getting involved in a downstream lawsuit stemming from patent litigation against the competitor – and the additional effort required to secure indemnity from them – often discourages a customer from designing in the product.

Whether you find yourself on the offensive or defensive side of a patent battle, there are a variety of approaches to help you win the war.  Here are a few rules of thumb to consider in implementing a successful global patent litigation strategy.

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