Patent Risk Digest
March 2016
A Proactive Approach: Slashing Patent Litigation Risk and Cost
Traditional “reactive” insurance was never a viable solution for patent litigation, given the seemingly random nature and devastating cost of even a single infringement suit. Now, a proactive form of patent litigation insurance is succeeding where traditional solutions failed—by not only compensating policyholders for losses, but also quantifiably cutting their patent risk. World IP Review’s Fighting Trolls from the Front Foot describes how it worked for three companies:
• A small, fast-growing telecommunications company was well into the final stages of its initial public offering (IPO) process when it was sued for patent infringement. The matter was resolved in 60 days, at zero cost.
• A networking company in the energy sector was sued as part of a wide-ranging campaign by a troll that had already achieved several significant settlements. The case was resolved at some $250,000 in cost savings.
• Two companies received infringement assertion letters from a troll seeking easy “hold-up” settlements. Quickly gathered intelligence guided a no-cost, no-engagement approach, saving the companies likely costs of $40,000-$60,000 each.
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