Palm patent infringment issue Essay

This memo is to recommend that ttools should stop negotiations with manage and slang immediate legal act through patent judicial proceeding means. This motion is needed in order to protect ttools innovation and for survivability of ttools business. establish on the design patent and non-disclosure transcription with wield it is very clear that Palm has committed the negatement hence chances of ttools winning of litigation case argon senior high. There are high chances that Palm might consider to go under the litigation before going to the trial of the case as they knew that they reach committed the patent infringement. Even if Palm goes for the trial, chances of ttools winning are high because they clearly have sufficient prove that the patent violation had happened. at a time the litigation action initiated there is a good chance Palm might start negotiation with ttools for licensing or royalty sharing agreement if non for paying the infringement losses.Though costs of pursuing litigation case are high, its the only credible and plausible resource ttools has to win investors confidence to invest more money into ttools business. As a startup comp all(prenominal) with minimal capital, the risk involved around this project to incur huge legal costs is high. Ttools has very well compose utility patent issued, the nondisclosure agreement signed by Palm, in concomitant to the clear infringement of the patent are strong factors to file litigation charges. Ttools need to convince its our investors that their patent is a strong plus for the company and shall seek their help to invest in the litigation expenses. feeling at the other alternatives, its evident that they will not sire any positive outcomesince ttools does not have any negotiate power to negotiate or the resources to compete with Palm. Innovation and dexterous belongings rights are ttools are the strengths of ttools and it should focus on leveraging its strengths to compete with Palm .Based on the recent communications with Palm, it is clear that they are not fire in negotiating with ttools despite the fact that they have reminded them closely infringement. Palm is already in a contract with IDEO to design a stylus identical to ttools which means that Palm will cease to publish any ads about ttools products from their online newsletter. Negotiating or competing without taking any action to stop infringement of its intellectual property would not enable ttools to leverage its core organizational strengths in competing with Palm. In its current state ads through the online newsletter is the most laborsaving marketplaceing tool for ttools to reach out to the PDA owners. If Palm cabbage publishing ads which is highly likely action from Palms lieu in order to promote their own product ttools need to evolve their own marketing capabilities.Even if they start their marketing campaign, ttools might not be able to compete Palm in terms of resources and market reac h. The other alternative of ceasing negotiation and competing with Palm might not be very effective because of the fact that we do not have the capabilities to localize a solid ground for such competition. Even if ttools start competing ground on its superior pricing and material quality, Palm could easily rack up its pricing and material quality as long as they could infringe ttools product design. If ttools does not file litigation charges, Palm has not cause reason to negotiate with ttools for distribution agreement or continue to reenforcement online ads for ttools products. Filing litigation charges gives ttools the bargaining power it needs to strike any deal or do any negotiation with Palm, without these legal action Palm has no reason to negotiate and ttools didnt have any strength to compete.