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ARTICLE · 11 NOVEMBER 2020

Supreme Excellence In Patent Litigation

Sun Tzu, in his renowned work "Art of War" said, that "[t]o fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking down...

South AfricaIntellectual Property

Sun Tzu, in his renowned work “Art of War” said, that “[t]o fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking down the enemy's resistance without fighting.”

Pyrrhus of Epirus, a Greek king who was undone by his costly (yet victorious) battles against the Romans, is quoted to have muttered “if we are victorious in one more battle with the Romans, we shall be utterly ruined” hence the phrase “pyrrhic” victory. 

In a world dealing with the impact of a devasting pandemic and global recession, risk mitigation has become more important than ever. Futile “pyrrhic” victories are to be avoided – costly successful battles in the courtroom may ultimately lead to a loss of the “war” against the competitor.

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