Editing Openai/69569a57-79cc-8000-bf7e-5d4a3e894d0c (section)

==== This is the key point you’re circling. ====

===== Even if information stays confidential: =====
* Outside counsel and experts learn the facts
* They build infringement, domestic industry, and remedy theories
* Weaknesses become clear long before trial

Once revealed, you cannot “un-ring the bell.”

===== Compared to district court: =====
* Compressed schedule (often 12–16 months total)
* Early merits discovery
* Broad technical document production
* Extensive third-party subpoenas
* Mandatory expert disclosures

Defendants must reveal:
* Source code
* Chip layouts
* Firmware
* Supplier agreements
* Cost and margin data
* Foundry processes
* Roadmaps

All early.

===== For complainants (like Netlist-type cases): =====
* Respondents probe R&D spend, licensing, manufacturing
* Any inconsistency can sink the case

For defendants:
* Discovery often reveals infringement exposure across multiple products
* Or confirms willfulness-type facts usable elsewhere (even if not directly transferable)

===== Although PO material cannot be used directly: =====
* Independent discovery in district court can be shaped by ITC learnings
* Settlement leverage increases dramatically
* Third parties may produce similar documents in other venues

Defendants know this.

===== Companies settle to avoid: =====
* Disclosure of trade secrets to any outsider
* Exposure of pricing, margins, or supplier dependence
* Revealing roadmap conflicts
* Forcing suppliers into discovery (which strains relationships)
* Precedent-setting claim constructions

Even if technically protected, strategic exposure is real.