Congratulations on Your Success, But Here’s My Patent

In today’s new media society, effective advertising often requires more than just generating innovative content. To reach potential customers, the method of delivery of an advertisement can be just as important as the message itself. Whether the advertisement involves an interactive website, a mobile phone app, a smart TV or another vehicle, in many cases today’s  advertisements don’t just use technology, they are technology.

In the field of intellectual property,  technology typically means patents.  More and more often, advertisers who successfully use new technologies to reach consumers are finding themselves faced with patent infringement claims.

I recently wrote an article describing what companies who use new media advertising activities can do to mitigate the risks of patent infringement claims.  The article appears in the latest issue of the Association for Corporate Counsel. Western Pennsylvania Chapter’s quarterly Focus publication, and is available at the Fox Rothschild website via this link.  It  describes precautions that smart advertisers should take, including:

  • training corporate staff what to say (and not to say) when they receive a patent infringement claim;
  • managing vendor and insurance agreements to help cover the costs of the claims; and
  • understanding possible strategies to resolve the dispute.

For more details, the full article is available here.

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