From Litigation strategy written by Fitzpatrick co-chair DM IP litigation group
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Sep 07, 2011 07:33PM
Ultimately, every case, client, and situation is different—there is no “one size fits all” strategy in the patent litigation realm. Therefore, you have to think critically about who the client is, what their case is about, and what their business objective is at the end of the day—and how you can design alitigation strategy that meets that business objective. For instance, if I am dealing with a case brought by a non-practicing entity that is offering to settle for some relatively small amount of money, then I would not put ateam of four lawyers on the case and spend a lot of the client’s money to doresearch on the patent and explore the nine different ways that I can winthe case. Rather, I am going to act in a highly focused way in order to try toget the case settled.