A series of high profile patent and trade secrets lawsuits has shone a spotlight on the significant challenges facing emerging technology businesses, both in protecting their valuable innovations, but also in ensuring that they do not encroach on their competitors’ rights. Recent and forthcoming legislative developments are likely to fuel further litigation, perhaps even on the same scale of the ‘smartphone patent wars’ of recent years. The risk of a product being pulled off the market due to IP infringement, together with the significant costs involved in defending a lawsuit, underlines the importance of proper freedom to operate analysis and a comprehensive IP portfolio.
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