Same Questions, Different Perspectives—A Frenemy Dialogue on Patent Litigation Strategy

When a company is asserting IP, e.g., a patent, they are following a strategy that suits their position not only as plaintiff but also the specific market and their commercial goals. The defendant must in some parts adapt to that strategy but also has the opportunity to influence the course of the proceedings in great detail. A carefully devised patent litigation strategy can put crucial cards in the hands of both the plaintiff and the defendant. Especially in the preparation of the dispute. In this next dialogue an imaginary patentee and a potential defendant will this one time give the game away and discuss strategic possibilities and positions related to patent litigation