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What is litigation density? Litigation density is really how much litigation is being performed in a marketplace. So, again, I’ll use the smartphone industry, where you have a high degree of large industry entities battling it out in the patent courts, as well as a significant number of assertion entities, which are bringing their own little side portfolios to the marketplace and bringing litigation into that area. So litigation density is another ratio of how much litigation are you, as a company, performing in conjunction with the rest of the density of litigation in the marketplace. If you’re not doing a lot you have a very low density and that figures into your willingness to defend or offensively go after someone.
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Minneapolis patent attorney Mark Stignani defines litigation density.