Samir Mehta Discusses IP Litigation during COVID-19 with Missouri Lawyers Weekly
Partner Samir Mehta recently spoke to Missouri Lawyers Weekly about a potential rise in intellectual property and patent litigation as a result of the COVID-19 pandemic. He discussed the pattern seen in 2008 of a significant increase in infringement claims from non-practicing entities (NPEs), or "patent trolls," along with the uptick of technology and software being developed in response to the pandemic.
In regard to NPEs, Samir explained the risks of transferring patents to an NPE. “There’s a lot that comes with being the former owner, and if you still employ the inventors of a patent that later gets asserted, you can’t truly get out of litigation, you’re going to have to [participate]. It may implicate other parts of your IP that you didn’t license—that may be undesirable.”
He also discussed the changes in patent law since 2008, including significant Supreme Court decisions affecting software and biotechnology patents, and how companies can properly protect their innovations in light of the changing law.
"Companies also need to be mindful of the explosive innovation that is happening during the pandemic. Companies risk not capturing and filing patents for those innovations, and they should be thinking creatively about how they can efficiently protect their IP," Samir said.
If you’re considering or responding to an intellectual property litigation matter, Samir is ready and able to help craft your strategy. A lifelong technophile with years of experience in the software industry, Samir combines a wealth of industry knowledge and deep legal experience in his representations of high technology IP clients. In addition to crafting cutting-edge litigation strategies, Samir also helps clients strategically identify and protect significant intellectual property assets.