The most important reason you want to be the first to file for patent infringement is that as soon as the offending party gets wind that you are planning to sue for patent infringement, he will likely first sue you in his home district to gain a tactical advantage. His suit will request a declaratory judgment that your patents are invalid or not infringed on or both.
Although you could then respond by filing a suit, it's the federal courts that hear all patent cases and they have historically followed a general policy of allowing only the first suit filed to go forward. Thus, even if you file your own infringement suit as early as the day after your competitor filed his suit, your action will be stayed because his was the first filed. The infringer may then have the tactical advantage of having picked the location, court house and judge that they and their attorneys believe will give them the best shot at winning. In short, they will have the home town advantage which in the practice of law is often significant.
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