One recurring question in patent cases is whether to bring non-infringement and invalidity counterclaims.
For a while (over the last decade), it seemed like parties were backing off on counterclaims a bit, for a couple of reasons:
- While counterclaims are generally low-cost, they are not free and still involve some work.
- They increase the risk that the defendant, who is now a counterclaim-plaintiff, will have to bring some subset of its witnesses to Delaware for deposition.
- They may have little impact on how the case progresses.
These days, however, the pendulum seems to be swinging back to some extent, with parties …
