Non-Litigation Patent Dispute Strategies

摘要

Although in many cases litigation is the most useful or most predictable forum for contesting patent issues, the PTO and its foreign counterparts provide several useful opportunities for challenging patent validity that should be considered when a cease-and-desist letter is received. Each of the options identified in this article carries with it advantages and disadvantages that should be evaluated carefully and weighed in view of the myriad of legal and business-related factors surrounding an accused product.