![To keep the patent assertion entity from coming back from dead, kill it with counterclaims](https://bd6f.s3.amazonaws.com/media/images/DALLE_2023-04-14_12.40.54_-_a_cartoon_of_a_.max-640x360.webp)
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 …