Patent laws and legislation -- Case studies, Patents, Patent suits, Patent infringement, Small business -- Management
A patent infringement lawsuit against the SME (Small to Medium Enterprise). presents a difficult challenge for management. The manager is faced with either 1) paying a license fee, thus hurting the competitive position; or 2) paying outside counsel, thus incurring significant legal expenses and hurting the competitive position of the company.
This paper proposes a revised management model that shifts the task to inhouse counsel and engineers. The objective is to reduce cost and uncertainty for a SME involved in patent litigation by using relatively inexpensive in-house resources. Further it provides management with a degree of cost certainty by using in-house expertise in the initial phases of the case to reduce overall cost and to reduce the overall project cost.
This paper reviews one ongoing legal dispute involving a relatively simple technology (plastic magnifiers) and illustrates how, by using these techniques, litigation risk may be reduced over 60%.
Bohliqa, Ahmed; Edmondson, J. Curtis; Ibarra, Maria M.; Lucas, Jessica; Spatar, Daria; and Wang, Xiaowen, "Improved Management of Patent Litigation by Front-Loaded Allocation of In-House Resources" (2012). Engineering and Technology Management Student Projects. 494.