ABSTRACT
Let us assume that you hold a patent on a technology called NewTech, but there is a potential patent infringement issue with respect to your intellectual property (IP) and a competitor’s IP. There may also be a risk that your competitor will transfer their IP to an even stronger competitor, or there might be a risk that one of your subcontractors will use experiences gathered in working with you to inform your competitor.In such a case, it is important to consider alternative strategic options, such as the following:1. Confront your competitor via your patent lawyer, and challenge the validity of their patent by claiming your patent dominates. This is costly and will divert attention from your core business A patent litigation can drag on for years2. Confront your competitor via your patent lawyer by challenging the validity of their patent, but at the same time offer them a royalty (free) cross-licence.1 If the offer is accepted, it would limit the possibility of them transferring their intellectual property rights (IPR) to a potentially more significant competitor.
