Competitive activities, increased market presence and growth can lead to third party IP threats, particularly from non-practicing entities (NPEs). Simply being involved in the application, prosecution and enforcement of IP can also result in third party IP threats. Even enforcing IP rights can also result in counter threats or countersuits by others. These are all risks that should be considered in a company’s overall IP strategy.
Understandably, many executives and directors react to third party IP threats either with disbelief, or see them as a personal attack on the business. It is therefore critical to provide executives and directors with a clear and accurate assessment of the nature and scope of an IP threat. More specifically, any third party threat should be carefully assessed from a legal, operational and economic perspective. Only then can a company determine the appropriate resources to properly address a threat.