Patent litigation is always a complex task and involves huge expenses and may take years for the issues to be resolved. Whether a patent to be enforced or challenged is an important event to decide and it counts over the company’s overall business goals and strategies.
Before enforcing a patent, a company should take into account a number of issues, for example, if there is any infringement, what could be the possible remedies, the costs in pursuance with the infringement versus the costs if not pursued, what could be the probable counter claims would have been raised by the defendant etc . With the possibility of facing a similar law suit, a company, being a defendant, may procure a similar list of issues of consideration for determining the procedure for responding the possible law suit. In both of the cases, it is very important to involve or recruit a patent litigating counsel/a specialized firm and seek useful consultations.
As the process of patent litigation is very expensive may take years to resolve the issues related to the litigation, it is not a prudent decision to challenge or enforce a patent without rigorous and thorough accountability process and due diligence with specialties. The strategy, mission and vision statement of the company, the business goals…all these must be taken into account before a decision to file a suit of patent litigation is conceived.