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Strategic Considerations in Dealing with Patent Infringement Claims

Patent litigation and assertion has been a central part of the U.S. Intellectual Property (IP) landscape almost since the inception of the patent system. For at least a few decades, high tech companies in the United States have aggressively asserted their IP to recoup development costs and increase profits. IBM, Texas Instruments, Motorola, and Kodak, as well as countless other U.S. firms have sophisticated licensing and litigation programs. The U.S. model for leveraging IP has spread, with many variations, to prominent companies all over the world. Though that model remains central to the U.S. IP landscape, it is changing around the edges. Driven by ever-greater internal pressure to generate value from IP, U.S. companies are seeking to capitalize on their technology in new ways. There are a few converging trends that are causing us to see more IP litigation now than ever before. As a result, today’s IP litigation landscape has been appropriately dubbed as the patent wars. Here are a few of those trends.

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