Law360 (December 3, 2007, 12:00 AM EST) -- In a patent case the decision to sue or refuse to license is typically driven by business reasons (e.g., a patentee’s protecting its market share, an alleged infringer trying to breaking into the market, etc.). The business needs to come first, and rightfully so.
However, this focus on the business issues, combined with a common misperception that formal discovery is necessary to predict the outcome of a patent case, often results in a pre-filing legal assessment which may be focused more on satisfying Rule 11 requirements...
Beyond Rule 11: The Case For Full Early Assessment
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