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Is it worth suing? – a gambler’s perspective

file000745382336In a previous post (“Before you sue …” of 29 April 2014), I considered the business and other relationships that might rationally inhibit your client from suing for patent infringement, or even making any approach to the infringer.  Now suppose that the client is in fact not so inhibited (and assume also, as in the previous post, that he is not a PAE = patent assertion entity = NPE = non-practising entity = patent troll).  Should legal costs deter your client from suing?  In (for instance) big pharma disputes, both the significance of the infringement and the financial resources of the patent owners are usually such that legal costs are ultimately not a deterrent to litigation.  But if the scale of infringement is moderate – with the client expecting if he wins to gain lowish millions in damages and future royalties – legal costs need careful consideration before litigation is begun. (more…)