Bilski v. Kappos: The Blockbuster That Was a Bust

If a direct marketer is sued for patent infringement, all is not lost. Whether it's working with co–defendants (increasingly, companies are sued for e–commerce patent infringement in cases involving up to 100 defendants), collaborating loosely in a joint defense group or crafting a unique approach that makes the case against that company a “one–off” proposition that will cost the plaintiff money, the goal should be to defend these cases as efficiently as possible. Just because Bilski wasn't a summer blockbuster doesn’t mean direct marketers can’t turn an independent release from unwanted litigation into any season’s sleeper hit.