Patents Litigation: Is It Worth The Outcome?


If an individual owns a patent and another company is infringing upon that patent, chances are that the patent owner will want the company in question to stop profiting off of something that they have a legal right to. This may cause the patent holder to do something about it, but the reality is that there are few options other than patent litigation.

Patent litigation typically exists between a small company, or even an individual, who possesses a patent on something, going up against a larger business or corporations. This is usually how things stack up, so if you are trying to defend your patent through this type of patent litigation process, you better be prepared for a long and drawn out process, which is going to inevitably cost a lot of money.

Litigation is not cheap in any form, but there is a big problem with patent cases. The first reason why it is going to cost a lot of money is the fact that the plaintiff is likely going up against a large company, who likely is going to have a huge amount if not unlimited, access to funds. To top it off, they may be profiting greatly off of a certain product that may have infringed on your patent, so they may have a big reason to win the case. You can expect these types of large companies to have a deep crew of lawyers that will fight you on every aspect of your patent. Each thing that they bring up about the patent, or the case, is going to take time in court to be debated. Each time you go to court, more time and especially, more money is required. In the end, the side that has the most lawyers and the most money is going to win. If by chance plaintiff does win, they are most likely going to be in the hole financially due to expenses incurred during the litigation.

Keep in mind that this outcome does not happen every single time, but there is a very good chance that this scenario will occur. There have absolutely been cases where a plaintiff has won, but you really need to sit down and decide whether it is worth putting up the time and money. If you really want to push forward, you should absolutely talk to a high quality attorney of and figure out a rock solid game plan, but you should still prepare for a negative outcome as well as a long, expensive process.…