Effective Management of U.S. Patent Litigation

Patent litigation in the U.S. has always been a very difficult type of litigation. Not only are the underlying facts generally more complex compared to other types of litigation, but the application of those facts to U.S. Patent Law typically does not allow certainty as to the probable outcome of the litigation. Most patents that are litigated involve "cutting edge" technology for which even the terminology is not yet firmly established or even understood. Further, U.S. patent law is filled with legal tests like "one of ordinary skill in the art" or "clear and convincing evidence" or .case-by-case determination,. all of which can be ultimately decided in any of a number of ways depending on the underlying facts available and on the respective skill and expertise of the advocates. The business context in which the patent is being litigated adds to the overall complexity of the entire situation. Some product or company is frequently .at risk. of being shut down in the