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| Suing for Damages or Litigation Management to Conquer a Market? |
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Most people are familiar with the saying "judgement was favourable but the business was lost". This may be particularly true in IPR litigation. In very rare cases (perhaps in US-litigation) the major thrust of an IPR lawsuit is to collect damages.
Normally, litigation is a marketing tool: IPR-litigation is used to build up barriers for competitors, to guide customers and to keep suppliers and distributors in line with their contractual obligations. Huge amounts of management time and funds are absorbed in IPR litigation. |
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| A balance needs to be given between the invested time and money and the business goal behind the litigation. Knowing "who, when and where to sue" as well as other tactical and strategic aspects requires close attention. There is a mixture of technical, commercial and legal questions in international IPR litigation. Litigation Management is a must. |
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