Battling Infringement

January 2011

By: John L. DuPré and James M. Smith

Nature Biotechnology

In a David versus Goliath intellectual property (IP) battle, the large, well-financed Goliath can sometimes minimize or nullify David's hard-earned legal rights, thereby gaining freedom to operate. In fact, if a large company is willing to take risks, it's sometimes financially beneficial for the firm to just appropriate (rather than license) the technology.

In the following article, we expose some of the tactics used by large, well-established and well-financed companies to acquire a university's or small company's IP. We also offer suggestions that may be helpful in leveling the playing field, because if you're prepared, you may succeed in stopping the infringement and collecting damages.

Overview

January 2011

By: John L. DuPré and James M. Smith

Nature Biotechnology

In a David versus Goliath intellectual property (IP) battle, the large, well-financed Goliath can sometimes minimize or nullify David's hard-earned legal rights, thereby gaining freedom to operate. In fact, if a large company is willing to take risks, it's sometimes financially beneficial for the firm to just appropriate (rather than license) the technology.

In the following article, we expose some of the tactics used by large, well-established and well-financed companies to acquire a university's or small company's IP. We also offer suggestions that may be helpful in leveling the playing field, because if you're prepared, you may succeed in stopping the infringement and collecting damages.

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