Is there a viable strategy for this sort of scenario? I'm at a place that has an exciting MVP now in a rather successful public beta. We just noticed a (very) large competitor copying off our product (including/especially the patented bit). We're an ecommerce shop and the pending patent in question is an utility patent for a particular bit of functionality - we've sought 2nd and 3rd legal opinions which concur the validity of the patent.<p>Bottom line: what strategies can we adopt to fend this off?
I am not a lawyer, this isn't legal advice, and getting advice from random internet strangers like myself is stupid.<p>But! With all that said, here's some advice. If you have a patent pending and you reasonably believe you will get the utility patent, allow BigCo to infringe it. Do not lawyer up more than is needed in order to get your patent from pending to issued. Now, start to sell your product with your patent pending technology.<p>At the same time, use this as an advertising technique. "Our technology is so good, others are stealing it." "We're better than the rest, that's why they have to try to steal out technology." "The original, and still the best."<p>Now, of course, make sure you are actually better than BigCo. Make sure your service is better. Make sure you provide the better product. Make sure you are winning the competition game. Remember, you have a pending patent. What can BigCo do? Use their stupidity to your advantage.<p>Sell. Sell. Sell.