IP Disputes and Nanotechnology Company Bankruptcies

Reed L. Christiansen, Stephen B. Maebius, Leon Radomsky, and J. Steven Rutt recently authored an article entitled, “IP Disputes and Nanotechnology Company Bankruptcies” for the Fall 2009 edition of Nanotechnology Law & Business.

Recent news stories relate examples of nanotechnology companies seeking bankruptcy protection as a result of intellectual property litigation. This article describes practices a potential defendant might use to limit exposure in patent or trade secret litigation, or even prevent such litigation. In the case of patent disputes, the use of inter partes reexamination to invalidate competitors’ patents is an alternative that has features benefiting potential defendants. For the case of trade secret battles, incorporating key provisions in nondisclosure and joint development agreements may forestall litigation.