In today's market, patents often have little monetary value absent a credible enforcement threat. Such a threat depends on the patentee's ability to prove infringement, survive validity challenges, and establish a defensible and supported damages model. These are not easy tasks in any case, but we have analyzed the issues faced in patent licensing and litigation discussions, and have traced backward through the process to suggest strategies that prosecution counsel might apply early in the process to influence their clients' ultimate ability to monetize patents through litigation or other means.
Reprinted with permission from the June 2015 issue of The Corporate Counselor. Copyright 2015 ALM Media Properties LLC. Further duplication without permission is prohibited. All rights reserved.
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