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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).

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