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Defending your company against patent bullies and trolls

Defending your company against patent bullies and trolls:


In the world of patents and patent litigation, not fully understanding the licensing landscape can cost your company money, and plenty of it. Developing a strategy for your patent portfolio and understanding the players in the patent community can pay off if you need to defend against patent trolls or bullies.

In the microelectronics industry, patents and licenses that are involved in any product—a cellphone, an MP3 player, or a computer, for example—will number in the thousands or even in the hundreds of thousands. It is simply not possible to design a modern semiconductor chip or develop a microelectronics-based product without using a vast amount of as yet unlicensed patented technology. To function successfully within this patent thicket, semiconductor and microelectronics licensors need to be increasingly aware of the potential of their patent assets. An effective patent strategy that includes a defensive component is an essential piece of any successful and sustainable company's strategic plan.

Recently, there has been a perceived increase in activity in both patent licensing and patent lawsuits. The number of patent lawsuits filed in the United States between 1990 and 2004 more than doubled. In fact, the growth in lawsuits merely tracks the growth in patent applications and grants, which have also doubled in this period. We believe that the overall awareness of the value of intellectual property (IP) has increased with a corresponding increase in patent filing, patent licensing and patent lawsuits.

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