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Understanding two major developments in IP litigation

Intellectual property—in the United States and throughout the world—is one of today’s most challenging and exciting fields. The world of intellectual property law is complex, exhilarating and ever-changing. As technology continues to evolve, so does intellectual property litigation. In our global economy, there is a constant battle to develop new intellectual property, which comes with numerous legal implications.

The field of intellectual property litigation constantly faces new developments. In this post, we will discuss two currently facing intellectual property law today.

  • Post-grant proceedings

Recently, many people have turned to post-grant proceedings rather than litigation. Inter partes review has been particularly popular. This dramatically affects the course of many IP cases. Rather than present a case in court to lay jurors, clients and their attorneys address matters in the Patent Office. But the skills that attorneys need in post-grant proceedings are usually less specialized than those needed for IP litigation. As a result, clients may rely on attorneys with less knowledge and experience of intellectual property law, inadvertently harming their cases.

  • Corporate influence

Intellectual property law’s many large players—including tech companies, pharmaceutical companies and media companies—rely on intelligent counsel for their legal battles. But some corporations attempt to strong-arm their counsel into lower rates. Others choose to hire cheaper firms that are less experienced or reputable. Again, this may dramatically harm clients in the long-run.

Navigating intellectual property law in 2018

The need for intellectual property litigation will likely continue to grow, especially as innovators develop new technology. This makes for a thrilling, if daunting, future. Companies in all fields involving intellectual property may find that they have new litigation needs. Navigating IP law will require close involvement and cooperation of businesses and counsel alike.

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