"Patents play an important role in this war of ecosystems," said Alexander I. Poltorak, chairman and chief executive of U.S.-based General Patent Corp., which represents clients on intellectual-property enforcement matters and licensing. "Therefore, the courtrooms became part of the playground, not just the marketplace. It's a new reality." - Wall Street Journal, April 5, 2011
The Dynamics of Patent Infringement and
Patent infringement litigation is complex, expensive and risky. That’s why patent prosecutors, IP litigators and law firms in all types of practices turn to General Patent Corporation (GPC), the leader in contingency patent enforcement, when they have a client whose patent – or other intellectual property – has been infringed.
When a client – a major corporation, for example – owns a patent that it believes has been infringed, and the company is prepared to pay the legal fees and disbursements required to pursue the infringer, the services of GPC are not needed. However, when the patent owner is an inventor, a small to mid-sized business, a university, or another entity with limited financial resources, the decision to pursue the infringer takes on a whole new set of dynamics!
A complex risk analysis must be performed to determine if taking a patent infringement lawsuit on a contingency basis is a pragmatic and financially viable undertaking. Venture capital firms will look at 100 business plans. After carefully analyzing each plan from multiple perspectives, the firm will typically fund just two or three. The ratio is about the same when a patent infringement claim needs to be evaluated for contingency enforcement. There are so many issues that need to be considered:
- Can infringement be proven?
- Will the patent withstand a challenge to its validity?
- Are there sufficient damages?
- Are there additional infringers?
- If there are multiple infringers, which should be sued first?
- What tactical, strategic, financial, economic, contextual, claim construction, conduct, image and venue issues are there that need to be figured into the equation?
Since General Patent has been enforcing patents on a contingency basis since 1987 – longer than any similar organization – we have the infrastructure in place to perform this complex analysis. We have the experience, expertise and track record in patent enforcement that only time, trial and error, and triumph can buy. There’s an expression we like: “Experience may be the best teacher, but it’s also the most expensive one.” We’ve spent over 20 years refining the process of evaluating the viability of a patent enforcement campaign.
We will evaluate, at no cost or obligation to you or your client, your patent infringement assertion to determine if we can manage and finance a comprehensive patent enforcement campaign, including engaging an IP litigation law firm to file and try the lawsuit. When an IP litigator brings us a client’s claim for analysis, we may engage that firm if it is willing to work on a fee-contingency basis with General Patent covering all disbursements.
Our goal is always a win/win/win: A win for the patent owner, a win for the IP professional who referred the client to us, and a win for General Patent.
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