Reduce your IP Risks

We work closely with clients to reduce their intellectual property-related risks.  Typically this might involve:

  • Advising on and managing strategic freedom to operate and landscape analyses (whether patent or trade mark related, etc).
  • Conducting invalidation reviews and exercises and building defensive strategies.
  • Facilitating meetings and war games to test & evolve strategies in advance (depicting action thresholds, actions and reactions taken in a risk situation, etc).
  • Building internal systems to assess, report and mitigate IP Risk.
  • Establishing IP Security protocols.

Insights about IP Risk Management

When Your Strongest Asset Is What You Leave Off the Label

The most valuable thing a competitor can do to your patent is comply with the law around it. That is the quiet lesson for IP-intensive businesses in the US Supreme Court’s unanimous June 2026 ruling in Hikma v. Amarin (read it here). Amarin held a…

The Reverse Payment You Didn’t Know You Made

A patent settlement can look perfectly clean on its face and still carry antitrust risk buried in its economics. That is the lesson from an $885 million jury verdict handed down in Boston this month, where Takeda was found liable for effectively paying a generic…

When a Sign-Off Becomes Someone Else’s Design

A confidential drawing sent to you for a single, narrow purpose does not become yours to repurpose — and treating it as though it does can unravel an entire IP position. That is the strategic core of the Full Federal Court’s decision in Comino v…

Built Before the Fight: What May’s IP Decisions Reward

Strip the case names away and one pattern runs through this month’s posts: the decisive moment in an IP matter almost never happens in the courtroom. It happens years earlier — in the words drafted into a claim, the honesty of a brand at first…

You Can’t Backdate Honesty

A catchy name and a fast start built a billion-dollar lending business — but neither could rescue the trade mark when it mattered most. Australia’s High Court has now confirmed that the “honest concurrent use” defence to trade mark infringement is judged at the moment…

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