Taking the Initiative: Proactive Litigation Strategies in Intellectual Property Disputes.

This article discusses proactive litigation strategies in intellectual property disputes. It explains that when an entity or individual believes their IP rights have been infringed upon, the typical first step is to send a demand or cease-and-desist letter. However, in some cases, the accused party may opt for a proactive litigation strategy. This strategy allows them to frame the legal issues proactively, evaluate the most appropriate venue for the dispute, and potentially mitigate the scope of the dispute. The article explores the components of a proactive litigation strategy, including filing for a declaratory judgment, initiating an Inter Partes Review (IPR), and conducting a Post Grant Review (PGR). It also highlights the potential risks and challenges associated with proactive litigation and emphasizes the importance of consulting with experienced IP counsel. The article concludes by stating that while being proactive can help resolve uncertainties and secure a favorable legal position, it is crucial to approach these strategies with caution, knowledge, and thorough planning. [Extracted from the article]