The infringing company
Is it large or small?
Is it selling in
more than one country where you have patents?
Does it have physical property
in the countries where it is selling?
Are they selling to the same customer base as your company or
to a new base?
The infringing product
How many patents are
Does the infringing part of the product make up a majority of the product,
or a small part of it?
If it is a component
of a larger product,
how necessary is it?
How big is the market for the product?
Is the product’s market
still growing or has it
reached its peak?
How many other competitors have similar but non-infringing products?
Do you need the competitor off the market?
Do you need to maintain
a business relationship with the competitor?