SOUTHFIELD, Mich. – In a recent Association of Corporate Counsel (ACC) Quick Counsel article, Brooks Kushman Shareholder Christopher Smith discusses the enforcement of rights for patents held by an intellectual property holding company (IPHC).
According to the article, “Although IPHC’s can provide some structural and tax advantages, they can also complicate the way an organization enforces its intellectual property.”
Smith describes best practices to ensure organizations are able to fully enforce their patent rights by transferring exclusive rights from the IPHC to the operating entity. If only a company’s IPHC has standing to enforce a patent rather than the operating entity, damages will most likely be limited to a reasonable royalty, often a smaller award than lost profits.
Smith’s practice focuses on intellectual property litigation, with a primary emphasis on patent litigation. Additionally, he is involved with the prosecution of patent and trademark applications, and the preparation of invalidity and infringement opinions.
To read the full article, please visit the ACC website.