Practical perspectives on IP strategy, licensing, and patent enforcement by Kai-Erik Elers. Browse the summaries by topic and follow the links to read the original posts on LinkedIn.
Constructive Engagement Before Patent Litigation
A well-prepared infringement notice can open a dialogue before litigation begins. This post explores clear allegations, claim charts, legal representation, and why constructive engagement can sometimes turn a potential dispute into a licensing discussion.
Investigating Process Patent Infringement
Manufacturing processes can be difficult to investigate when the end product reveals little about how it was made. This post explores evidence challenges and U.S. mechanisms discussed in relation to enforcing process patents.
Carrot and Stick Licensing
Commercial collaboration and credible patent enforcement can reinforce each other. This post explores carrot and stick licensing, the expectations of paying licensees, and why a patent owner’s willingness to defend rights affects licensing value.
Patent Infringement Liability for Licensors
Licensors may face unexpected infringement-related risks when licensed technology enters another market. This post discusses a China-focused scenario and considers warranty limitations, jurisdiction-specific rules, and the role of local expertise in assessing exposure.
Trade Secrets and Prior User Rights
A confidential manufacturing process may later overlap with a competitor’s patent. This post explores a U.S. prior-user-rights scenario and why licensing trade secrets raises different questions from transferring or relying on those rights.
Patent Value Across Jurisdictions
Patent value depends partly on the practical ability to enforce rights in each market. This post explores geographic filing choices, litigation economics, and how licensing can create value even where enforcement is challenging.