Poor Derek. Commercial reality being what it is, at some point Mouthscape will receive a letter accusing it of patent infringement or find itself sending such a letter. It is the price of playing in the marketplace. Although only about 1% of United States patents ever make their way into court, the sheer number in force at any given time and their importance to their owners make it likely that commercial technology players will, eventually, become embroiled in a patent dispute. Mouthscape's initial reaction, either to a threat or to the opportunity to threaten, may well dictate the course of the ensuing dispute by abandoning or preserving options – perhaps even pre-ordaining the outcome.

The receiving end of a threat

A corporation may be a legal artifice but it is run by people and, when menaced, will react in human terms – often passing through the stages psychologists associate with grief or trauma: fear, denial, anger, guilt, bargaining, depression, and acceptance. No self-respecting company would admit to such emotional, unbusinesslike behavior, of course, and therein lies perhaps the greatest danger. In the throes of a deeply human response it is unwilling to admit to, Mouthscape, having been threatened by a large competitor at a critical business juncture (is there ever an opportune time to be accused of infringement?), may react in numerous self-defeating ways. And, once taken, a rash action cannot be revoked. Here is a hit parade of the most hazardous missteps.