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A 12-Point Patent Monetization Plan

Law360, New York (July 22, 2014, 8:19 AM EDT) -- A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Ill-considered use of intellectual property, including patents, copyrights and trademarks, solely as passive deterrents against litigation by competitors may create a risk of personal liability. Fortunately, there are steps available to manage this risk that are also good profitable business strategies.

The New Delaware Decision

In this recent decision, DuPont v. Medtronic Vascular (Superior Court of Delaware, New Castle County, unpublished),...
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