What Happened
Getting sued for patent infringement is stressful and expensive. But you have options. Many defenses are available, and many cases settle for far less than the initial demand.
Why It Matters
Your first decision: fight or settle? Settlement makes sense when the demand is reasonable and litigation would cost more. But settling with one patent owner can attract others. There's no perfect answer.
If you fight, consider a PTAB challenge. IPR petitions succeed often enough to be worthwhile, and they can force settlement or get the patent cancelled entirely. File within one year of being served.
Challenge the patent's validity. Prior art might exist that the examiner never saw. The patent might be ineligible subject matter. The claims might be indefinite. Any of these can invalidate the patent.
Challenge infringement. Maybe your product doesn't actually practice the claimed invention. Claim construction might exclude your product. Expert analysis can support non-infringement positions.
What You Should Know
Don't panic. Patent litigation is common and manageable with the right counsel.
Preserve documents. Litigation holds are important. Spoliation can lead to sanctions and adverse inferences.
Evaluate insurance coverage. Some policies cover patent litigation. Check what you have.
Consider the business context. Sometimes the best legal defense isn't worth the business cost. Sometimes fighting is the only way to protect your market.
Every case is different. Get experienced counsel early and develop a strategy that fits your situation.