Enforcing your patent portfolio: Tips to think about before enforcing your patents

While litigation can be costly and very time-consuming, it provides finality that other alternatives may not be able to bring

Once a company has evaluated its IP portfolio, it must decide how to leverage that portfolio to provide long-term revenue streams and value to its shareholders while being faithful to its business model and vision. To do so, a company must understand the landscape of potential infringers and identify what outcome it wants to achieve from enforcing its IP portfolio. Is the company seeking additional revenue streams from enforcing its patent portfolio? Is the company seeking to stop infringing behavior from a competitor that may otherwise have an adverse effect on the company’s business? Is the company’s strategy to file litigation against any perceived infringer no matter what? Once those goals are identified, a company must then decide whether litigating is the best strategy to pursue.

Conduct a pre-suit investigation

Contributing Author

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Michael Rodriguez

Michael Rodriguez is a partner in Munck Wilson Mandala’s Intellectual Property section where he concentrates his practice in all areas of intellectual property with an...

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Contributing Author

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Kelly Chen

Kelly Chen is an associate at Munck Wilson Mandala, and is a member of the firm's litigation section where she concentrates her practice in the areas of...

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