4 Reasons GCs Are Cautious About Filing Patent Suits

Law360, New York (October 23, 2014, 10:19 AM EDT) -- Like rustling the hornet's nest, suing a competitor for patent infringement is hardly an activity for the faint of heart. Deciding whether to bring a patent lawsuit is a calculus that demands weighing uncertain rewards against an ever-changing landscape of risk. There is data indicating that general counsel are becoming more reluctant to sue a competitor for patent infringement. For example, the overall number of patent suits filed each year has increased — from 2,287 to 5,411 between 2009 and 2013 — but the number not involving nonpracticing entities has remained relatively flat, and the number of unique defendants in non-NPE cases has declined by roughly 20 percent.[1]...

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