Your Company has been sued for patent infringement.

Now what . . .

	… Turning seeming misfortune into a potential windfall is very possible in patent cases, but it takes a business-oriented litigation team to see these opportunities and make them happen …

Infringement allegations put your products or services in jeopardy, and the very fact that a lawsuit has been brought may cause your customers to switch to other products, to seek costly indemnity from your company, and often, both. The costs to defend alone can be astronomical without even considering the downside risk of a finding of infringement. However, an effective, "business-first" defense can create opportunities which could turn these negatives into positive business opportunities. With a combination of a strong defense and pro-active entrepreneurial thinking, astronomical legal fees and devastating litigation could be both quickly eliminated.

	… With a combination of a strong defense and pro-active entrepreneurial thinking, astronomical legal fees and devastating litigation could be both quickly eliminated …

At Obermayer our first reaction to a patent lawsuit is not to begin an expensive defense, mounting an international search for prior art or looking for inequitable conduct to invalidate the patent involved. Our very first questions are about your business and your goals. Why? Because often, patent infringement claims can be a positive opportunity to re-position your company in the market and improve your bottom line.

	… patent infringement claims can be a positive opportunity to re-position your company in the market and improve your bottom line …

It is all too often the case that patent litigators focus solely on the finer points of defense strategy and don't adequately consider settlement possibilities. What is most important, though, is to never lose sight of the art of the deal, to fashion a positive outcome that removes emotion by emphasizing the bottom line. It is essential for patent litigators to have a thorough understanding of the endgame, to know when and how an advantageous settlement can be reached. This is where many patent litigators are lost. At every point during the course of a conflict, settlement must always be evaluated in unique and ground-breaking ways. Litigation is never an end, but a means to an end.

	… It is essential for patent litigators to have a thorough understanding of the endgame, to know when and how an advantageous settlement can be reached …

At Obermayer, we begin with a business and entrepreneurial approach. That's where we're different. Our thoughts begin and end not just with our clients' goals but with the most effective, least costly way of getting there.

	… we want to get to know your business and know where you want litigation to lead. Only then can we do what we do best. Get you where you want to be …

We begin every case with one question: "What are your business goals?" Do you want to increase your market share by accessing the plaintiff's markets? Could access to the patent you are accused of infringing help increase your market share over a competitor? Could it help you raise investor capital? There is plenty of time to talk of prior art and claims construction, and of lost profits and reasonable royalties. But first, we want to get to know your business to know where you want litigation to lead. Only then can we do what we do best. Get you where you want to be …