Where Patent Disputes Are Won: Choosing the Right Battlefield to Achieve Victory

This week on IPWatchdog Unleashed, our host and the founder of IPWatchdog, Gene Quinn, speaks with Anthony Del Monaco, David Goose, Josh Hartman and John White about one of the most important strategic decisions in patent disputes: choosing the right battlefield. In today’s patent environment, outcomes are shaped not only by the strength of the patent, but by where the dispute is fought, how the forum operates, and what leverage each side can create.

The conversation covers the shifting role of the PTAB, the rise of discretionary denials, the renewed interest in ex parte reexamination, and the continuing strategic importance of district court venue. The panel also explores when the International Trade Commission can provide patent owners with a powerful path to exclusionary relief, and why arbitration or mediation may sometimes offer a more practical route to resolution.

The discussion then moves global, with particular attention to standard-essential patent disputes and the growing competition among China, the United Kingdom, Germany, and the Unified Patent Court to shape worldwide patent licensing outcomes. The result is a candid, practical conversation about forum selection, uncertainty, leverage, remedies, and how sophisticated patent owners and accused infringers should reverse-engineer strategy from the business outcome they need to achieve.

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