Patent Litigation in the Energy Sector: Insights and Strategies from the Last Decade
Abstract
The innovative oil, gas, and mining sectors consistently generate valuable intellectual property, especially in the form of patents. The value and prevalence of patents in the energy sector create the conditions for high-stakes patent infringement litigation, which is often a powerful tool for patentees and a precipitous risk for businesses. This article analyzes lessons from the past ten years of energy-related patent litigation, examining the volume of cases filed, the subject matter of the patents involved, how the cases were resolved, and the procedures followed to resolve each case. Through this analysis, key trends emerge. Considering these emerging trends, this article highlights how energy companies can develop practical and proactive strategies to protect their intellectual property, mitigate litigation risks, and navigate the complexities of patent litigation in critical energy sectors.
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