Everything to consider in a defensive response to IP threats

It is critical to provide executives and directors with a clear and accurate assessment of the nature and scope of an IP threat

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.

Contributing Author

author image

David E. Mixon

David E. Mixon is a partner and registered patent attorney with Bradley Arant Boult Cummings LLP (Huntsville, Ala.). He can be reached at

Bio and more articles

Contributing Author

author image

David Vance Lucas

David Vance Lucas is a partner and an IP attorney with Bradley Arant Boult Cummings LLP (Huntsville, Ala.), with a focus on strategy, enforcement...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.