What should a company do after receiving a patent infringement complaint?
Have litigation counsel confirm the forum, service details, and response deadline promptly. Under Federal Rule of Civil Procedure 12, the ordinary answer deadline is 21 days after service of the summons and complaint, but waivers, motions, court orders, and other rules can change it. Do not use that general rule to calculate a particular case's deadline. ITC proceedings have separate rules and schedules.
Preservation is another early priority. Counsel can help identify relevant documents, source code, product records, communications, and responsible personnel, and determine what preservation steps are appropriate. Federal Rule 37 addresses the loss of electronically stored information that should have been preserved for anticipated or pending litigation.
Next, organize the technical and commercial assessment. Which products and claims are involved? What are the strongest noninfringement and validity issues? Are licenses, supplier obligations, insurance, or other agreements relevant? What business decisions cannot wait for the litigation to end?
Counsel may also assess whether a Patent Trial and Appeal Board challenge fits the case. Inter partes review has defined grounds, procedural requirements, and strategic consequences; it is not an automatic response to every complaint.
The initial plan should identify deadlines, evidence needs, decision-makers, and a budget for the next phase, while leaving room to adjust as the record develops.
Further reading: Federal Rules of Civil Procedure · U.S. Courts; Inter partes review · USPTO.