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More to patent disputes than infringement claims

Dec 15, 2020 | Patent Law

Patents are incredibly valuable to companies, particularly those in the technology industry. These businesses fail or thrive based on their ability to provide the newest, the fastest or the most innovative solutions. Thus, disputes regarding patents and other tools to protect intellectual property have the potential to be ruthless.

And the root of these complicated issues is not necessarily just the argument over who is right and who is wrong. Parties can use aspects of the legal process to their advantage in aggressive patent dispute cases.

Forum shopping

Jurisdiction is a critical element of legal outcomes. It affects everything from the laws that the courts observe to the limitations on protections and damages. And when it comes to technology patents, courts in different states or countries could hear the case.

Parties who attempt to find the court that may be most likely to rule in their favor can face forum shopping accusations.

Recently, a court determined that this is what Google LLC was doing when it filed yet another lawsuit against Sonos Inc. Reports indicate that these parties have filed multiple lawsuits in multiple states and multiple countries, likely costing an incredible amount of money for both sides. After the last suit, a court reprimanded Google for its improper attempts at forum shopping.

Dragging out the legal process

The parties involved in patent disputes can range from a large, established corporation to an individual patent owner or small enterprise.

In these uneven circumstances, the larger party may have more resources legally and financially. Thus, dragging out the legal process can be more advantageous for them.

How to navigate these cases 

In other words, prevailing in patent disputes does not necessarily come down to being right or wrong. The legal system is complicated, and you may have more to consider than proving or challenging infringement claims. Everything from your approach to dispute resolution to your ability to find creative solutions can impact the outcome of your case. 

Because of this, legal guidance as you navigate these complex cases can be critical. 

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