I was recently sued for infringing patent. There were no warning emails, letters sent to me. Apparently, five other companies have been sued for the same. Looks like a patent troll. With the help of an attorney, I was able to reach out to the plaintiff to discuss a settlement. After months of going back and forth, not settlement was reached. The plaintiff demanded more than I could afford. With no settlement reached, the plaintiff has placed a joint discovery, which is due in 20 days. My attorney had advised me to take the technology out of my website, which I did. He also advised me hire the services of a patent company to research the claims, which I did. The results indicate that the patent is invalid. In reality, I do not want to fight this further due to the limited resources I have. A trial date has already been placed. My question is what I should expect moving forward? From the financial point of view, I might have not further option, but to represent self. How do I need to prepare for this case?
1 Answer from Attorneys
I am perplexed why you are asking here. Patent law is very technical and fact dependent. You have a lawyer that knows your case and he is far better able to answer you than anyone here, as we would be making wild guesses without information.
Representing yourself in a patent case is about as dangerous as doing your own surgery. If you lose, the damages can be enormous. Saving money on legal counsel is simply NOT an option with IP law.
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