What should an initial review answer?
Ask counsel to identify the asserted claims, accused product versions, immediate deadlines, and any operative order. Request a defined first phase with a written scope and budget. Separate technical merits from the business cost of continued uncertainty.
What funding or cost-sharing should I investigate?
Collect insurance policies and supplier or customer contracts and ask whether they provide relevant coverage, defense, or indemnity. Do not assume a policy or contract applies without reviewing its terms. Consider a narrow settlement or redesign only after identifying what activity would actually be resolved.
Can I assume I will recover my fees if I win?
No. Section 285 permits a reasonable attorney-fee award to a prevailing party only in an exceptional case. Octane Fitness, LLC v. ICON Health & Fitness, Inc. requires a discretionary assessment of the circumstances. A possible fee award is not assured funding for the defense.
What if a complaint has already arrived?
A served federal complaint has response rules that a private letter does not. Rule 12(a) contains the usual response periods and exceptions. Get the service date, waiver documents, and court orders reviewed promptly rather than waiting for the budget discussion to finish.