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Patent Licensing and Enforcement

In the world of IP, there are “carrot” licenses and “stick” licenses. A “carrot license” is one entered into voluntarily, while a “stick license” is the result of a patent enforcement (or “patent assertion” as it is also known) effort on the part of the patent owner. While owners of patents and other forms of IP would rather decide who can and cannot use their innovations, then selectively license their IP to just those organizations, things don’t always work out that way in the real world. Owners of patents often discover that their IP has been infringed, and they have to forcibly license or litigate their IP after the fact.

Patent Enforcement: Patent enforcement and licensing represents another avenue for monetization. Patent enforcement requires both legal and technical due diligence to determine if there is a viable patent infringement claim (can the patent withstand a challenge to its validity; can infringement be proven with claim construction; and are there sufficient damages to cover the cost of a patent infringement lawsuit, which can run into the millions of dollars). Patent enforcement entities will determine if you have a viable patent infringement claim, and will manage and finance a comprehensive patent enforcement campaign on your behalf. They are paid a share of the total compensation – royalties, awards, settlements and other revenue that is secured from the infringement of your patent.

IPOfferings’ has relationships with many patent enforcement entities and can help patent owners determine if this approach versus patent sales is best matched to the patent(s) and the client needs. IPOfferings can also launch a parallel patent marketing campaign which provides various alternative monetization options for our clients.

If you believe your patent or other IP has been infringed, we will assess the viability of your assertion and help you determine the best course of action. Contact us at 845-337-6911 or [email protected].