Once a company has evaluated its IP portfolio, it must decide how to leverage that portfolio to provide long-term revenue streams and value to its shareholders while being faithful to its business model and vision. To do so, a company must understand the landscape of potential infringers and identify what outcome it wants to achieve from enforcing its IP portfolio. Is the company seeking additional revenue streams from enforcing its patent portfolio? Is the company seeking to stop infringing behavior from a competitor that may otherwise have an adverse effect on the company’s business? Is the company’s strategy to file litigation against any perceived infringer no matter what? Once those goals are identified, a company must then decide whether litigating is the best strategy to pursue.
Conduct a pre-suit investigation