“Legal Departments Confront Complicated IP Arena: Patent Litigation Becomes More Aggressive”
Inside Counsel Magazine
December 23, 2010 – Brooks Kushman litigation shareholder, Frank Angileri offers his insight to Inside Counsel magazine regarding the increase of patent re-examination claims. The article explains that years ago re-examinations were not advantageous of litigation defendants because if you lose, the plaintiff can seek damages, but that is not the case anymore.
“Now there`s a belief that your chances of success in re-exam have gone up," says Angileri. “So you strike that cost-benefit analysis, and certainly for a lot of people it toggles from a no to a yes.”
For more, read the full Inside Counsel article.