Managing IP Risk in Day-to-Day Business Operations, aka How to Avoid Getting Sued

Foley participated on December 6, 2007 in the Software & Information Industry Association (SIIA) Legal & Accounting Webcast Series: “Managing IP Risk in Day-to-Day Business Operations, aka How to Avoid Getting Sued.”

For software companies, the threat of intellectual property (IP) litigation has been increasing for years. Patents that cover processes developed years ago finally are being issued — and to make matters worse, the fact that infringement was innocent is not acceptable justification.

What steps can a software company take to minimize the chances of a lawsuit? This session examined practical steps for reducing the risk of getting sued for IP infringement. Topics included:

• Conducting freedom-to-operate patent searches (e.g., performing new product clearances, conducting searches
  of patents owned by competitors, or reviewing new competitor patents as they issue)
  
• Conducting due diligence before investing in third-party technologies or companies
  
• Putting into place effective programs for tracking, following,
  and complying with nondisclosure agreements
  
• Identifying and monitoring IP litigation within the industry to identify litigious players
  
• Conducting periodic assessments of competitors’ IP

Moderator

• David G. Luettgen, Electronics and Mechanical & Electromechanical Technologies Partner, Foley

Panelists

• W. Keith Robinson, Electronics Associate, Foley
  
• Carl A. Kukkonen, III, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  
• Dave Larwood, President and Founder, Valley Fever Solutions, Inc.