Intellectual Property
Mar. 3, 2011
Patent Reexaminations in Lieu of Litigation: Will They Work for Your Business?
While patent reexaminations are more cost effective than litigation, a poorly executed reexamination can actually strengthen a patent. By David Bailey of KPPB LLP.
Businesses are increasingly aware that patent reexaminations are a lower cost alternative to patent litigation. Less widely known is the fact that the likelihood of a patent being invalidated through reexamination is relatively low and that a poorly executed reexamination can actually strengthen a patent. The decision whether to put a patent into reexamination is best framed in terms of managing liability for patent infringement.
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