3 Questions For A Patent Case Winner

Winning a patent case is never easy, even for companies that have done it before. For start-ups, which often lack the resources of more established companies, the risks of even deciding to litigate a patent case are substantial. Most start-ups are doomed to fail even without the added stress and expense of litigation brought by a third party, and it is understandable that many start-ups choose to settle patent cases filed against them quickly — even in the face of claims with dubious merit. While the IPR regime (see my last column for a discussion of the Supreme Court’s impending review of its constitutionality) has somewhat reduced the cost of defending a patent case, there are still numerous hard (e.g., legal fees, case expenses) and soft (e.g., business disruption, customer service problems) costs that can make litigating a patent case ruinous for a small company — even if the start-up emerges victorious.

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