Davis Polk partner David Lisson was featured in an expert Q&A on patent and trademark disputes with Corporate Disputes Magazine. In the Q&A, David highlights the overwhelming increase in intellectual property cases filed in U.S. courts in the last twenty years and explains that the biggest disagreements in patent or trademark disputes often center on the validity of the right at issue, whether it is being used and, if so, the value of such use, all of which are typically heavily disputed.

David also notes that if a company suspects its rights have been infringed, or if it is accused of infringing another party’s rights, developing a decisive strategy early is crucial. A company that suspects its rights have been infringed must consider the potential risks and benefits of asserting the rights. The company accused of infringement must carefully consider its response to any notice of alleged infringement, including whether and how to deny infringement, change its practices, to file challenges at the U.S. Patent and Trademark Office or file countersuits.

When asked what essential advice he would offer to companies on effectively protecting, monitoring and enforcing their patent and trademark rights, David recommended that companies conduct an assessment of their most valuable assets and then invest the time and resources to ensure those assets are properly documented, registered and protected.

“Patent and trademark disputes,” Corporate Disputes (Apr - Jun 2024 issue)

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