In recent years, there has been significant progress in
understanding the importance of Intellectual Property (IP) to the
value of companies. This has included an increase in awareness of
the potential risks associated with unintentional infringement of
third-party patents.
Often, however, companies lack a sound strategy for
addressing such risks. This tends to result in the implementation
of instinctive approaches, which are inefficient, disruptive, and
run the risk of incurring damage in their own right. With better
understanding and support, effective and efficient risk mitigation
is possible.
The concern is understandable and valid. The remedies
potentially available to a successful plaintiff in patent
infringement litigation include an injunction, an order for
delivery up or destruction of infringing articles and damages, or
an account of profits. There is also the cost of mounting a
defence, which in some cases can be the biggest burden of all.
