“If you can’t innovate, (then) litigate” (or “Don’t innovate, litigate”) is a popular saying, especially in computing and new technologies. A company is successful with a certain technology, and then another company makes an innovation. The company with the older technology litigates to prevent the competition.
 
“If You Can’t Innovate, Then Litigate” was the title of an article by Art Wittmann in Network Computing (July 1997). “If You Can’t Innovate, Litigate” was written by David Balto for Forbes (July 2, 2012).
     
 
Network Computing (July 1997)
If You Can’t Innovate, Then Litigate
By Art Wittmann  
Over the past few weeks, Intel and Digital have been jousting with each other over whether Intel infringed on Digital’s patents with its Pentium, Pentium Pro and Pentium II chips. Although we’ve seen this pattern again and again, I’m surprised Digital has stooped to this. These lawsuits rarely amount to anything other than some posturing for the stock market. Particularly in this case, I believe that Digital has taken a real gamble.
   
Google Groups: 3dfx.products.voodoo5
3dfx Receives Favorable Rulings in Patent Litigation Against nVIDIA
Ed Scruggs
10/16/00
Well, only if it’s in no way good for 3dfx…... I’m sure we’ll here some kind of crying about it, ya know something like “if you can’t innovate then litigate”.
 
Twitter
Alice Marshall
‏@PrestoVivace
When you can’t innovate, litigate and legislate
http://tinyurl.com/4gjyqu
2:22 PM - 14 Apr 2008
 
Reformed Musings
If you can’t innovate, litigate – old media survival technique
Posted by: reformedmusings | August 6, 2010
I have to admit that I’m not easily shocked. But when I went to one of my favorite blogs after a short absence, I found myself dumbfounded. The Armed Citizen’s bloggers, Clayton Kramer and David Burnett, are being sued by a professional copyright litigator. The suit has no merit on its face, but the threat of lawsuits often results in settlements because defending them can be very expensive. Please read the details of this sad situation, and follow the links, here.
   
Facebook
Apple - Dont Innovate, Litigate
Joined Facebook 07/19/2011
 
Forbes.com
CIO NEXT 7/02/2012 @ 6:06PM
If You Can’t Innovate, Litigate
Guest post written by David Balto
In the patent wars, Microsoft has always been the biggest bully in the room.
(...)
When you can’t win by innovating better, you litigate. But consumers benefit when innovation laggards cannot use the courts and agencies to handicap those who win the innovation race.
 
Twitter
Daniel Brusilovsky
‏@danielbru
Love this quote from @tfadell about his competitors suing Nest: “If you can’t innovate, litigate.” #LeWeb pic.twitter.com/YszWxUZ4xw
3:59 AM - 11 Dec 2013