Oblon, Spivak’s Brad Lytle quoted in Inside Counsel about the challenges legal departments are facing as IP litigation becomes much more complicated and aggressive

January 1, 2011 – In The News
Inside Counsel, January 1, 2011

Oblon, Spivak's Brad Lytle is quoted in an article about the challenges of IP litigation and how legal departments are trying to keep up with the ever-changing, fast-paced intellectual property arena. "Patent litigation is more gritty than in the past," says Brad Lytle, a partner at Oblon Spivak. "It has to be, because the future of companies’ businesses are based on strong IP." Mr. Lytle also commented on the huge increase in re-examination claims: "The uptick in re-examinations looks like the Chinese economy—it’s just growing by leaps and bounds." "Companies have been using re-examination as a licensing and litigation tool to shift the risk from the defendant company to the nonpracticing entity, basically staying the litigation. Then you shift the activity over to the patent office, where the question is, will that patent survive re-examination, or will the claims be amended so as to at least avoid past damages."

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