| There's definitely no privilege with a competitor. Telling a competitor that you are being sued by a patent troll does not impair confidentiality. And if they are a true competitor, it is very likely that they have also been sued by the patent troll, or are next on the list, and may join in multi-party litigation against the troll. You signal to your competitors the very weak and vulnerable position you're in. Maybe in your particular industry or geographic niche its dog-eat-dog.But especially outside of tech, most companies will band together against outsider threats. I wouldn't put it past some Machiavellian type competitor to tip off the troll to let the troll take you out for them The only way this would happen without backfiring on the plotter is if they were already targeted by the troll and lost. Businesses aren't as ruthless as you seem to think they are. They are run by real people, and they and act like people. The kind of ruthlessness you describe is something you see at the largest levels (i.e., Amazon and Apple) where sociopathy is a virtue rather than a hindrance, and even those companies will band together against patent trolls. |
I'm not saying this is always the case. I'm saying that unless you're completely desperate or absolutely know otherwise it's the safer assumption.