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James R. Barney

Legal Departments Confront Complicated IP Arena

January 1, 2011

Inside Counsel

This article discusses how the intellectual property arena has become more complicated and aggressive over the years. Patent litigation is a growing and more dynamic practice, according to the author, because strong IP can be the key to company’s success. Combatants, be they traditional competitors or nonpracticing entities (NPE), the author states, are fighting harder because the stakes are higher than ever, and that intensity is transforming in-house practice. In addition to the changing environment, the article points out how the increasing use of third parties in the patent market has made IP law even more of a challenge. "Companies are not well-equipped to enforce their own patents," says Bob Yoches, partner at Finnegan. "They have plenty of other things to worry about, and so the third parties fill that void." Just like an arms race, the fundamental challenge is to stay one step ahead of the opponent, the author advises, not just in the weapons at your disposal, but in the sophistication of the strategies and tactics you employ.

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