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18th November 2020
Inbound Patent Assertion: how to respond to the challenge
Patent assertion is set to increase due to the economic downturn – are you in a position to respond efficiently and effectively?
The article, Inbound Patent Assertion: how to respond to the challenge, explores the historical nature of rising patent assertions and outlines an easy way to devise a strategy that will leave you feeling prepared and able to respond at pace in the event of assertion.
Patent assertion on the rise
Operating companies are facing a perfect storm this year. Patent assertion is set to soar, thanks to economic crises throughout the world, just as technology convergence is making many more industries vulnerable to attack. To make matters even worse, the litigation landscape is more complicated than it ever has been, with litigation increasingly being filed in other jurisdictions, such as Germany and China, as well as the United States.
Number of US patent litigations started by year, where an operating company is both plaintiff and defendant
Source: MaxVal Litigation Databank/Cipher
How to respond
Ignoring patent assertion is not an option: every threat has to be taken seriously. Not doing so risks ending up with a significant damages award (potentially increased for willful infringement) and even, in some jurisdictions, an injunction.
Cipher’s Solution to Inbound Patent Assertion
Relevant patent intelligence and analysis is at the heart of any response to inbound assertion. Cipher’s unique AI-driven technology can help you assess the patents being asserted and compare them with your portfolio according to various metrics. This can form the basis of a robust response.
We’re also hosted a webinar to follow on from this article, Inbound Patent Assertion: economic downturn triggering an increased risk?, where we will delved deeper into the increasing risk of assertion during a recession as well as how to position yourself on the front foot when those assertions come knocking.