tag:blogger.com,1999:blog-8306131005240217320.post7896830994030884730..comments2009-02-07T06:41:39.949-05:00Jackie Hutter, Intellectual Property and Patent Business Strategist and "Recovering Patent Lawyer"http://www.blogger.com/profile/12023310886433949839noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8306131005240217320.post-7572200165922182552009-02-07T06:41:00.000-05:002009-02-07T06:41:00.000-05:00well i never thought like this.<BR/><BR/><BR/><BR/><A HREF="http://www.teraeon.com" REL="nofollow">Business Process Management</A>Improvedlivinghttp://www.blogger.com/profile/15875384218907815887noreply@blogger.comtag:blogger.com,1999:blog-8306131005240217320.post-35413208763435283922009-01-22T21:44:00.000-05:002009-01-22T21:44:00.000-05:00JodiB, Scott gave you a great response. I will add that most mid-large companies have no desire to infringe another's patent. Indeed, they have an obligation to protect shareholder value and they shouldn't be in the business of litigating a case where they are on the wrong side of the law. <BR/><BR/>From the other side, if a small company's patent rights are really being infringed, I agree with Scott that the first course should be to try to work out a business solution to the conflict. At the end of the day, litigation may be necessary, but one must enter into this option with a full understanding of the costs and other issues involved. For those with limited resources, there are a number of companies and law firms that assist small companies with good cases to litigate against deep pocket companies. Please feel free to contact me if you need more information in this regard.Jackie Hutter, Intellectual Property and Patent Business Strategist and "Recovering Patent Lawyer"http://www.blogger.com/profile/12023310886433949839noreply@blogger.comtag:blogger.com,1999:blog-8306131005240217320.post-5795328843725039342009-01-19T08:55:00.000-05:002009-01-19T08:55:00.000-05:00JodiB your question is a very real issue and its answer would definitely be very fact specific. In the case where your small company was the patentee, I would invest the time and money to (1) substantiate its validity, and (2) to confirm that the other party was indeed infringing. <BR/><BR/>With that information in hand I would seek out someone likely to be respected by the infringing company for the purpose of bringing the matter to their attention (through the back door if you will) for the purpose of introductions and the negotiation of a license. <BR/><BR/>I realize this is easier said than done, but as Jackie says once the litigators have it, the system takes over and it can become a monster. Of course if the patent has so much value to you that licensing is not desired, litigation (with full recognition of the costs and time involved)is your only realistic option.<BR/><BR/>The 50,000 foot answer is to make a business decision as to what your best courses of action may be and begin to work down those paths toward their outcome.Scotthttp://www.blogger.com/profile/12542519583979422107noreply@blogger.comtag:blogger.com,1999:blog-8306131005240217320.post-80153738421452381282009-01-16T13:27:00.000-05:002009-01-16T13:27:00.000-05:00Great post, great questions for businesses/managers to ask. Although the overall sense I get is that this is geared towards mid-large companies. What question should tiny companies ask with regards to patents and the possibility of larger competitor that may one day infringe? ...afterall, it seems one main reason for patents was to protect against infringement but it seems larger company's have all sorts of advantages when it gets into court - or is your experience different?<BR/><BR/>In other words, a tiny company really only has one chance (patents) and so your question "should I be in this business" doesn't exactly apply.JodiBhttp://www.blogger.com/profile/15380064210219872543noreply@blogger.com