Imagine you've just launched a game-changing product. Your team—R&D, legal, and business strategists—has spent years refining the technology, securing trademarks, and positioning it for market dominance. The potential for success is immense, and everything seems perfect.
Then, a cease-and-desist letter lands on your desk. A competitor claims your technology infringes on their patent. Suddenly, instead of celebrating success, you're fighting to keep your product on the shelves.
Could this have been avoided? What went wrong?
Below, we analyze 5 patent battles from 2023 to 2025, imagining the critical moments where things could have taken a different path. Each case highlights a key mistake. The hidden risks teams often overlook, but with a proactive strategy, you can sidestep these costly legal battles and control your innovation.
1 Infringement. The Pharma Patent Trap – Amgen v. Sanofi (2023)
📍 Scenario: Your company is developing a new biopharmaceutical breakthrough. The science is there, investors are on board, and your legal team files a broad patent to lock down market exclusivity.
What Could Go Wrong?
- You claim all variations of the treatment, expecting a monopoly over an entire class of drugs.
- A competitor, like Sanofi, challenges your patent, arguing it’s too broad and lacks specific details.
- The court agrees—that your patent is invalidated for failing to enable others to replicate the invention.
How to Avoid This in 3 Steps:
✅ Step 1: Define Your Patent Scope Carefully – Too broad? You invite legal challenges. Too narrow? Competitors easily design around you. Aim for layered patents covering both general concepts and specific formulations.
✅ Step 2: Conduct Competitor Risk Mapping – Before filing, analyze rival patents to anticipate future attacks. Had Amgen done this, they might have filed more defensible claims.
✅ Step 3: Strengthen Your Patent Justification – Provide enough detail to prove that any skilled professional could reproduce your invention. This approach reduces invalidation risks in court.
💡 Hint: Many companies consult external IP strategists to help balance broad vs. specific patent claims—ensuring market control without legal vulnerabilities. This step is crucial when considering your patent strategy’s potential risks and benefits.
🔗 Full Case Ruling: Amgen v. Sanofi (2023)
2 Infringement. The Licensing Gamble – Ericsson v. Lenovo (2024)
📍 Scenario: Your company relies on essential tech—5G, AI processing, or next-gen connectivity. You assume licensing fees are negotiable, so you launch your product without a final agreement.
What Could Go Wrong?
- The patent holder, like Ericsson, sues you for unauthorized use of standard-essential patents (SEPs).
- The court blocks your sales—your supply chain stalls, customers leave, and competitors take advantage.
- You’re forced into an expensive settlement or risk a total import ban.
How to Avoid This in 3 Steps:
✅ Step 1: Secure SEP Licenses Before Product Development—Don’t assume you can negotiate later. Licensing discussions should begin the moment you integrate patented essential tech.
✅ Step 2: Model Financial Impact Scenarios – What happens if a lawsuit blocks your product? Building this into your risk assessment can prevent costly surprises.
✅ Step 3: Consider Cross-Licensing Deals—A cross-license agreement can reduce costs and legal risks if you own patents in related areas.
💡 Hint: Negotiating SEP agreements requires technical, legal, and commercial expertise. Companies that bring in outside experts before signing contracts secure better licensing terms and avoid disputes.
🔗 Full Case Ruling: Ericsson v. Lenovo (2024)
3 Infringement. The Overlooked Competitor Move – Juul Labs v. NJOY (2025)
📍 Scenario: You’re in an emerging industry—wearables, AI, or next-gen consumer products. You see a market gap, launch a product, and assume competitors won’t react fast enough.
What Could Go Wrong?
- You miss a critical patent in your competitive research—and now, Juul (or an equivalent player) sues to block your sales.
- The lawsuit results in an import ban, forcing you to redesign your product or exit the market.
- Investors panic, and your growth trajectory collapses overnight.
How to Avoid This in 3 Steps:
✅ Step 1: Conduct a Deep Patent Search, Not Just a Basic One—Many lawsuits arise because teams don’t thoroughly investigate competitor patents. Be cautious and attentive in your research.
✅ Step 2: Develop Alternative Design Options—Have a backup plan. You can quickly adjust product specs and avoid an injunction if litigation arises.
✅ Step 3: Consider Pre-Launch Licensing Discussions – If a competitor holds critical IP, engaging in licensing talks before launch can save you from a costly legal battle.
💡 Hint: Patent clearance isn’t just a legal task—business and R&D teams must align with legal experts to identify hidden risks before launch.
🔗 Full Case Ruling: Juul v. NJOY (2025)
4 Infringement. The Trade Secret Dilemma – Apple v. Masimo (2023–2024)
📍 Scenario: Your company hires top talent from a competitor to fast-track product innovation. The new team brings fresh expertise, but no one thoroughly audits whether they use confidential IP.
What Could Go Wrong?
- The former employer accuses you of stealing trade secrets, resulting in multi-year litigation.
- The court halts your product sales, citing misappropriation.
- Instead of leading the market, you’re caught in a defensive legal battle.
How to Avoid This in 3 Steps:
✅ Step 1: Implement a Trade Secret Firewall—Establish strict internal guidelines to prevent the accidental use of a former employer’s IP.
✅ Step 2: Have Legal Teams Vet New Hires’ Contributions – Companies should audit incoming employees’ work histories to detect potential conflicts.
✅ Step 3: Document Your Independent R&D—If challenged, proving your innovation process was independent can make a difference in court.
💡 Hint: Many companies underestimate trade secret risks, but IP consultants can create hiring and innovation policies that prevent legal disputes before they happen.
🔗 Full Case Ruling: Apple v. Masimo (2023–2024)
5 Infringement. The Patent Exhaustion Miscalculation – Intel v. VLSI (2024)
📍 Scenario: Your company manufactures high-tech components like AI chips or advanced processors and licenses key patents to multiple suppliers. You assume that once you sell a patented component, your rights end there.
What Could Go Wrong?
- A supplier, like VLSI, sues you for infringing technology patents you thought were already covered.
- The court rules against you, leading to a billion-dollar damages award—as happened to Intel.
- Your supply chain partners hesitate, fearing further litigation and slowing production and innovation.
How to Avoid This in 3 Steps:
✅ Step 1: Review Patent Exhaustion Risks in Your Licensing Agreements—Every contract should explicitly define the limits of patent rights after a sale.
✅ Step 2: Conduct Regular Patent Portfolio Audits – Identify any expired or at-risk patents to assess litigation exposure before it happens.
✅ Step 3: Build a Defensive IP Strategy – In industries with heavy patent litigation (like semiconductors and AI hardware), consider cross-licensing or buying strategic patents to protect yourself from future lawsuits.
💡 Hint: Tech giants don’t just innovate; they strategically acquire patents to prevent litigation before it starts. Having an IP consultant map out potential threats before product launches can make all the difference.
🔗 Full Case Ruling: Intel v. VLSI (2024)
Final Thought: The Best IP Battle Is the One You Never Have to Fight
Patent litigation isn't just about the courtroom—it's about the decisions made years before a lawsuit happens. The most substantial companies don't just react—they build IP strategies that make litigation unnecessary.
📌 The question isn't whether you'll face IP challenges—it's whether you're prepared for them.
Want to stress-test your IP risk exposure before the market does? Let's discuss how companies use strategic consulting, which involves expert analysis and advice on your IP strategy, to build airtight IP defenses.
