Facebook, Yahoo and Counterclaims as a Defensive Strategy

As detailed here, the legal drama between two internet giants began when Yahoo filed suit against Facebook for patent infringement.  Facebook responded with its own counterclaims.  Yahoo is now asserting in a counter-counterclaim that Facebook acquired the patents for the purpose of retaliation against Yahoo, and added two new claims of patent infringement.

This escalation of claims, counterclaims, and counter-counterclaims can be dizzying, but as Attorney John C.McDuff has said, “Bringing a counterclaim is often a smart tactic in business litigation, because it forces plaintiffs to divide their attention between bringing a claim and defending against one. The tactic often increases the possibility of settlement as the other party seeks to avoid possible charges such as fraud or contract breach.”

Deciding when doing this makes sense, and when it doesn’t, is something that requires experience.  Discuss the particulars of your situation with competent legal counsel.