« Golden Handshake | Main | Big Iron »
December 7, 2007
The Polka
Fulbright
& Jaworski has released its fourth annual survey of companies getting pipped
and waltzing others in that toe-tapping polka affectionately known as
litigation. In the patent department, F&J finds infringement claims rising like
yeasty bread, with the big boys flinging more dough as well as being more
frequently flung upon. Speaking of dough, the cost of the attending the polka
parlor is worry number one, not the prospect of injunctive relief. Yet spend to
dance they do.
Manufacturing was the industry most prone to patent mishap; it might have something to do with making things.
F&J: "On the whole, companies seem more prone to litigate to final judgment as part of their licensing strategy than to negotiate licensing agreements as a means of avoiding litigation."

Small companies were nearly twice as likely to settle their lawsuits than the big boys, who fight tooth and nail.
Belying the cry of the Crib for Patent Weasels, who squeal about the wee folk bullying in the patent playground, large cap companies "were much more likely to have brought infringement suits (44%)." Over the past three years 27% of US respondents had filed patent infringement suits. F&J: "Generally, the larger the company, the more likely it is to enforce its patent claims through litigation."

When it comes to enforcing patents, the smell of fear and the goofy grin of stupidity reign. Mid- and large companies were most concerned about having their patents invalidated, too stupid to vet them before they assert them. No, don't call Patent Hawk; just keep biting your nails. Counterclaims were the next biggest concern. Learn to trade, kids.
Expose yourself to Fullbright & Jaworski to get your free copy, or save yourself time and hassle by figuring you just got the juicy lowdown here. Otherwise, pester Dennis Crouch over at Patently-O for a copy.
Posted by Patent Hawk at December 7, 2007 1:40 AM | Litigation