Gills, vice chair of the firm’s national intellectual property department, said some companies might be sensitive to the financial commitment of patent litigation, weighing whether this is “a good use of money or should we be using our resources, using our legal team, to help us do something else.”
Costakos, who chairs the firm’s IP litigation practice, said some companies might have no choice but to file suit now. But those that can wait might want to see how the competitive environment shakes out. “The things that might have motivated you to file a lawsuit today might be different six months from now,” he said. “Who knows what companies are still going to be around, or what their competitive situations are going to be.”