The environment for patent licensing and enforcement is rapidly transforming. Because innovative technology itself constantly changes in new and often unpredictable ways, licensing and enforcement of innovative technologies have always been highly dynamic. Increasingly, however, patent owners, capital investors and potential licensees alike must evaluate patent-related risks under new, more complex – and less certain – criteria. Challenges to patent validity under the America Invents Act, changes to legal standards governing patent eligibility and increasingly stringent review of patent damages awards have all combined to substantially alter the risks associated with patent licensing and enforcement.
Originally published in IAM Yearbook 2018
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