Risk is an ever-present factor in business ventures, and businesses take various steps to mitigate risks and avoid surprises. Such surprises can be costly when dealing with patent infringement accusations that surface following the launch of a product.
Once such accusations arise, even if the volume of accused products is low so that the amount of potential damages would make litigation unlikely, negotiating a settlement to remove the barrier to entry posed by the patent may still cost tens of thousands of dollars.
Such accusations can also affect the relationship between the business and its retail partners (e.g., big-box retailers), who may stop selling the product until the accusation is resolved.