Intellectual Property (IP) Litigation 2012 Global Outlook
In an article posted by Emily Fisher on the Hildebrandt Institute blog on January 26, 2012, she shares her outlook for IP Litigation for 2012.
- Despite negative trends in both the legal market and the broader economy, intellectual property sector is seeing significant growth.
- Demand for IP litigation was up 6.2% for 2011, including a 1.6% increase in December.
- Within the AmLaw 100 segment, the numbers are even more interesting.
- AmLaw 100 firms saw the biggest boost in IP litigation in 2011, with a strong 6.9% increase.
- The AmLaw 100 also saw gains in IP patent work, which was up 6.2% in 2011.
What’s driving the increase in IP litigation?
Competing technologies for 3G and 4G wireless standards and the battle between Apple and Google’s Android operating system are drivers of this increased litigation in multiple jurisdictions. With the recent bankruptcy filing of Kodak, another player with rich patents has entered the fray. These sorts of battles of equals are changing the patent landscape, raising the stakes and thus the amount of money companies are willing to invest in IP litigation.
Brian Busey of Morrison Foerster, whose clients include Toshiba and Sharp, explains in a new article in Inside Counsel, “A couple of years ago, we were fending off trolls, but now it seems like we’re doing global warfare for competitors… Trolls haven’t gone away, but now at the same time companies have to manage larger litigation involving competitors, and it’s gone global.”
Globalization of IP litigation?
This globalization of IP litigation has been a boon for IP litigation departments. Companies must now prepare a comprehensive multi-lingual game plan to address and combat IP threats at multiple levels -- from the patent trolls that result in nearly identical cases in several jurisdictions, to high stakes patent lawsuits against market equals.
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