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Today's Emerging Technology Is Tomorrow's IP Battlefront | Insights | Holland & Knight 05/18/2026

When a startup fails, its patents don't die with it.

Patents from failed companies are frequently acquired by patent assertion entities, then held until the technology becomes mainstream and profitable โ€” sometimes a decade later. By that point, the royalty base is large, damages models have grown to match industry revenues, and designing around the patents is no longer realistic.

For large companies building in AI, biotech, fintech, and autonomous systems, the defendants most attractive to assertion entities are precisely the ones who succeeded.

Holland & Knight's breakdown of how this cycle works โ€” and what proactive strategies can interrupt it โ€” is required reading for any IP team operating in a fast-moving technology space.

Read more: https://loom.ly/nxpVw9E

Today's Emerging Technology Is Tomorrow's IP Battlefront | Insights | Holland & Knight Patents of failed companies are often acquired by larger entities or patent assertion entities, leading to litigation against surviving companies and challenges for innovation and competition.

03/16/2026

๐ŸŽ™๏ธ LOT Members: BRIDGE 2026 is coming, and we couldn't be more excited about our keynote.

Join us for a Directors' Fireside Chat with John Squires and David Kappos, current and former Directors of the USPTO, for an off-the-record conversation you won't find anywhere else.

Save 15% when you register today.
๐ŸŽŸ๏ธ https://loom.ly/AXkQ58g

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