Facebook had bought
750 patents for networking, software, and other technologies from IBM when it was challenged in
court by Yahoo for patent infringement. The
bundle of patents from IBM helped Facebook ward off other lawsuits, back in
2012.
Question arises - Could intellectual property be used as a defense in patent litigation? Is patent acquisition (from 3rd parties) a good strategy to save millions in a patent lawsuit?
If yes, how to go forth with this?
IP professionals offer IP for Defense Services as a part of the Patent Litigation Support Services. This niche service vertical is designed to provide assistance that is critical when challenged by an assertion entity for patent infringement. In fact, it is one of the most viable options for a defendant facing a patent infringement lawsuit.
Question arises - Could intellectual property be used as a defense in patent litigation? Is patent acquisition (from 3rd parties) a good strategy to save millions in a patent lawsuit?
If yes, how to go forth with this?
IP professionals offer IP for Defense Services as a part of the Patent Litigation Support Services. This niche service vertical is designed to provide assistance that is critical when challenged by an assertion entity for patent infringement. In fact, it is one of the most viable options for a defendant facing a patent infringement lawsuit.
How
it helps?
The basic information
is derived about the plaintiff’s product lines and top players in the domain
where he operates. On similar lines, defendant’s patents are organized among
categories to identify those categories which match with the product lines of
plaintiff. Then, it is assessed whether it is feasible to sign a
cross-licensing deal. And this is first recourse, if it is feasible.
However, if it is not, defendants are advised on how they can buy or license patents from 3rd parties. Patent mining and in-depth analysis is undertaken to identify who might have patents that plaintiff’s products might be infringing upon. These findings help defendant to strike a deal with the identified third party. And cross-licensing arrangement may also be explored after detailed study of the newly acquired patents.
IP Defense Support Services such as “IP for Defense” also explore (if defending party is willing to) the usefulness of defendant’s product and their marketability. For that purpose, manual analysis is done to check how the newly acquired patents can be extended to features of defendant’s products.
The point I wish to make here is that - patent buyouts are expensive but so is fighting a litigation suit. In fact, litigation costs more and so when challenged by an assertion entity, it is recommended that “IP for Defense” services are taken. Its results are often very useful in devising an alternative strategy that you might not have even considered in the first place.
However, if it is not, defendants are advised on how they can buy or license patents from 3rd parties. Patent mining and in-depth analysis is undertaken to identify who might have patents that plaintiff’s products might be infringing upon. These findings help defendant to strike a deal with the identified third party. And cross-licensing arrangement may also be explored after detailed study of the newly acquired patents.
IP Defense Support Services such as “IP for Defense” also explore (if defending party is willing to) the usefulness of defendant’s product and their marketability. For that purpose, manual analysis is done to check how the newly acquired patents can be extended to features of defendant’s products.
The point I wish to make here is that - patent buyouts are expensive but so is fighting a litigation suit. In fact, litigation costs more and so when challenged by an assertion entity, it is recommended that “IP for Defense” services are taken. Its results are often very useful in devising an alternative strategy that you might not have even considered in the first place.
Post by Sagacious IP


