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Patent Lawsuits: Don't Leave Everything Up to the Lawyers, Wolf Greenfield Attorney Writes in Mass High Tech.


Business/Technology & Legal Editors

BOSTON--(BUSINESS WIRE)--Aug. 19, 2002

To sue or not to sue? Business executives thinking about suing another company for patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  should not leave everything up to the lawyers, a leading intellectual property lawyer writes in Mass High Tech.

"Perhaps due to the difficulty of patent law, the temptation is to defer totally to patent counsel, writes Matt Lowrie, chair of the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 practice group at Wolf, Greenfield & Sacks, P.C. in Boston. "Stay involved to bring better decisions, particularly when the right litigation strategy call has other business ramifications ramifications nplAuswirkungen pl ."

Lowrie offers guidelines about "whom to sue, how to sue and where to file suit"--

--Strength of the case, including a statistical analysis and an estimate of potential damages. "A full understanding of the potential upside Upside

The potential dollar amount by which the market or a stock could rise.

Notes:
This is basically an educated guess on how high a stock could go in the near future.
See also: Bull, Downside
 is essential to understanding whether litigation is justified, particularly given the high cost of full-blown patent litigation," he writes.

--Competitive intelligence about the potential defendant(s), "such as who judges and juries think is wearing a white hat."

--Whom to sue, since there are usually a variety of potential defendants. "With multiple infringers, a smaller company is sometimes chosen in the hope of a quick initial victory, to build a war chest and establish a pattern of success," Lowrie writes.

--Where to sue. The differences between federal courts can be substantial. Some take longer to hear cases; some are believed to have more sophisticated judges.

"Patent litigation carries both risk and reward...To assure the best outcome, it's best to look before you leap Before You Leap is the autobiography and self-help guide written by Muppet Kermit the Frog. It was released in September 2006. External links
  • ABC News excerpt
," he concludes.

Lowrie's article, "Know What To Look For Before You Enter Patent Litigation," ran in the August 5th issue of Mass High Tech, "the journal of New England New England, name applied to the region comprising six states of the NE United States—Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut. The region is thought to have been so named by Capt.  technology," and the full text can be read online at: www.masshightech.com/ displayarticledetail.asp?art_id=59080&search=Lowrie+

Lowrie can be reached at mlowrie@wolfgreenfield.com.

Founded 75 years ago in Boston, Wolf Greenfield (www.wolfgreenfield.com) is one of the most experienced law firms This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
 devoted entirely to the practice of intellectual property law, including patents, trademarks, copyrights, trade secrets and related litigation.
COPYRIGHT 2002 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Date:Aug 19, 2002
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