Parade of Horribles: the Patent Malpractice Litigation
(photo: Victory is Mine! by Rentahamster)
Just a note for the moment when you need to convince your client that it's time to settle the patent litigation.
No, I'm not suggesting you tell them about the potential for a patent malpractice action (this one in the news to tell us that patent malpractice litigation must be waged in federal, not state, court).
I leave the analysis of the case law to Patently O's coverage here. My purpose is simply to remind everyone of just how endless patent litigation can be.
First the patent litigation. Then the motion to arbitrate some portion of that litigation. Motion denied. Appealed. Reversed. Litigation stayed. Arbitration hearing conducted. Decision made. Reconsidered. Rehearing. Decision. Litigation re-opened. Trial. Appeal. Reversal. Remittitur. Retrial. Final judgment.
Then the malicious prosecution action.
And if we're really really really unlucky, the patent malpractice litigation.
Breathe in you win, breathe out you lose, breathe in, breathe out . . . . . wouldn't you really rather control your own destiny?
