Question
A competitor filed a patent application (it's public now). We offer the same feature but added it to our products after the application date.
We found prior art that will kill the patent. The prior art is a live example from 2007 of the exact feature, the competitor is trying to patent.
What should we do to make sure the competitor will not sue us in the future?
Should we approach the competitor and offer not to kill the patent and in return they will not sue us (to gain an advantage on other competitors)?
Answer
The easiest way is to fail or never amount to much. Patent litigation, like taxes, comes with success. I typically hope for patent litigation because it means I have reached the point where it is worth litigating.
