Sun Tzu and the Prior Art of Patent War
Sun Tzu, the famous Chinese strategist from 2,500 years ago, wrote The Art of War. His book is still revered by strategists to this day and was even quoted in the 1987 Oliver Stone movie, Wall Street, considered by many movie buffs to be a modern classic.
Gordon Gekko, the master strategist investor who mentors the movie's protagonist, Bud Fox, said, "I don't throw darts at a board. I bet on sure things. Read Sun Tzu, The Art of War. Every battle is won before it is ever fought." Interpretations of this quote are wide and varied. Hollywood's Gordon Gekko interpreted it as having inside information, legal issues aside, so as to know which way a security will go before he invested.
Our real life patent strategists could emulate this ideal through thorough legal research. For example, I've heard on many occasions, and have seen more than enough evidence to believe in its truth, that 90% of patents can be invalidated, in whole or in part, if someone is willing to invest in finding the prior art.
Armed with convincing invalidating prior art, a patent strategist could effectively win a patent litigation case before it is actually tried in court if his or her opponent has anchored that case on the now invalidated art.
This blog post is excerpted from my new book, Outpacing the Competition: Patent-Based Business Strategy. And Understanding Sun Tzu on the Art of War was my first book.
