Elizabeth Manno and Manny Caixeiro published "Patent Dispute Primer" in the April issue of Colorado Lawyer. The following is an excerpt:
This is the first in a three-part series designed to educate attorneys of all experience levels about the basics of patent infringement disputes so that they can understand and guide their clients when these issues arise. Part 1 explains the foundations of patent disputes, including potential consequences of and strategies for avoiding patent infringement.
For many new attorneys, and even experienced ones, the world of patent infringement is shadowy, unfamiliar, and filled with unusual rules. Patent disputes can be high-risk, high-reward, bet-the-company litigations—and they don’t just affect large technology providers or aggressive companies that provoke litigation by intentionally copying others’ technology. Companies of all sizes and in all industries can become immersed in patent litigation. And because patent infringement can happen regardless of intention—and even if a defendant never knew of the patent it is accused of infringing—patents are an ever-present threat. Infringement accusations regularly target anything from a company’s core product and service lines to collateral parts of the business, such as websites, advertisements, mobile apps, and online and other payment methods. Patents often exist on technologies that appear so well-known and ubiquitous that one assumes they are free to use.
Another common misconception is that only inventors or companies engaged in using a patent can sue for infringement. This is not true. Patents are regularly bought and sold, and that has led to a proliferation of businesses that exist solely to buy up patents, seek licensing payments from companies they accuse of using those patents, and sue if they refuse to enter into a license agreement. These types of entities are often called “non-practicing entities” or, derogatorily, “patent trolls.” These entities are often well-funded (often by litigation funders investing in patent litigation), well-organized, and represented by sophisticated counsel, and thus cannot be ignored.
For the full article, click here.