- The author, despite having litigation experience, favors patent strategies designed to avoid litigation altogether rather than to win it.
- The core strategy is building a “Litigation Quality Patent” strong enough that, similar to mutually assured destruction, its strength discourages conflict in the first place.
- Many patents disappoint their owners because filing or prosecution defects cause them to fall apart under litigation scrutiny, inviting costly challenges instead of producing royalty income.
- A strong, valid, and clearly infringed Litigation Quality Patent gives a business owner more options, including staying out of court, since litigation is not presented as the primary way to monetize a patent.
Although I have been successful in numerous litigations with the #1 patent litigation firm, I strongly favor patent strategies that avoid litigation.
Our #1 Litigation Avoidance Strategy
Ironically, my chief weapon to avoid patent litigation is the Litigation Quality Patent.
Like the M.A.D. theory of war (mutually assured destruction), the best way to avoid conflict is to be prepared to win a fight so you don’t have to fight.
Many patents disappoint their owners because their protection falls apart when scrutinized for litigation. Often, patents fail because they have defects in the way they were filed or prosecuted.
Such weak patents invite expensive, lengthy challenges in litigation, and do not produce lucrative royalty deals or generate ROI.
The ultimate goal of our Litigation Quality Patent Systems is to consistently produce patents that are designed to stand up in litigation and survive to be infringed– not fall apart like a cheap suit!
Litigation Quality Patents are built to command respect.
Minimize Litigation Risk Profile
It is also ironic that the best way to minimize the need to launch expensive litigation is to have a strong Litigation Quality Patent that is valid and infringed.
I try to minimize the litigation risk profile of my clients so they can have the option to stay out of court. Of course, anyone can choose to sue to enforce their rights, but I find that CEOs appreciate having options.
It’s better for business when you have options that do not involve expensive, invasive and risky litigation.
Monetization Strategies
In general, the reason businesses get patents is to make more money.
Preferably, alot more money.
So, is litigation the best way to monetize a patent?
Fortunately, the answer is NO!
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