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   Author  Topic: negotiation/ question on intent  (Read 2420 times)
DJoshEsq
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Re: negotiation/ question on intent
« Reply #5 on: Nov 14th, 2007, 10:49am »
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Most insurance that I am familiar with focuses on insuring for costs of litigation.  Rarely are my clients interested in insurance.
 
It is very rare to find an open and shut patent dispute as you describe.  There are likely many issues that you or your attorney have not examined.
 
Again, no one can tell you what your patent application is worth without examining the claims, the prior art, the prosecution history and the business of this competitor.  It seems to me that you are NOT getting the appropriate advice from your attorney. Is your attorney a registered patent attorney?  Does your attorney have experience in patent litigation?  If not, you should consult another patent attorney that is expereinced in both litigation and prosecution.
« Last Edit: Nov 14th, 2007, 10:50am by DJoshEsq » IP Logged

D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
bcapehart
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Re: negotiation/ question on intent
« Reply #6 on: Dec 2nd, 2007, 1:53pm »
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Kim - As to your first question, there can be many different reasons why a company may start to discuss entering into an agreement with a patentee/soon-to-be patentee.  Typically, companies do not have just a single motivation.  They may want to explore the licensing possibilities while sizing you up to see if you have the chops to bring on a lawsuit if the discussions do not end with an agreement.  
 
As to your second question, companies license patents for various reasons, so don't read anything in to these discussions for credibilty of your claims.  A quick look at settlements in patent infringement cases show that many settlements are based on the bottom line as opposed to the validity of patent infringement claims.  It's a risk assessment.  It is a better business decision, dollar-wise, to license than risk an judgment, irrespective of the strength or weakness of the infringement allegations.
 
Since it is very hard to know what all has transpired between you, your attorney and this other company, it would be best if you discuss your concerns with your attorney.
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Brent A. Capehart
Patents, Trademarks, Copyrights
Deep in the Ozark Mountains
bcapehart@ozarklawyer.com
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