Exactly. A key issue in trials is what facts can be re-litigated at later trials.
If you and/or the other defendants don't litigate the validity of the patent well and lose that issue, future parties are barred from re-litigating that issue.
A strategy of a small guy is to try and bring in a large guy to litigate an issue that will be very important to them in the future (i.e. eBay, Amazon, or whoever else may be infringing the patent).
If you and/or the other defendants don't litigate the validity of the patent well and lose that issue, future parties are barred from re-litigating that issue.
A strategy of a small guy is to try and bring in a large guy to litigate an issue that will be very important to them in the future (i.e. eBay, Amazon, or whoever else may be infringing the patent).