Non-Practicing Entity Matters
Strategic Defense Against Patent Assertion Campaigns
Patent assertions by non-practicing entities (NPEs) present distinct legal, technical, and business challenges. Banner Witcoff’s NPE Matters practice helps companies respond decisively, manage risk, and protect innovation through coordinated litigation, administrative, and licensing strategies.
Why NPE Matters Require a Focused Strategy
NPE disputes often involve aggressive assertion tactics, compressed timelines, and significant cost pressure. Without a coordinated approach, companies may face unnecessary exposure.
We help clients:
- Evaluate asserted patents and infringement allegations
- Develop early defense strategies and cost-effective responses
- Challenge patent validity in litigation and administrative proceedings
- Pursue declaratory judgment actions and venue strategies
- Leverage licensing, settlement, and design-around options
- Protect product roadmaps, market access, and long-term IP strategy
We approach NPE matters with the understanding that early, informed decisions can significantly impact outcome and cost.
Our Approach to NPE Matters
We analyze asserted patents, accused products, venues, and litigation posture to identify strengths, weaknesses, and leverage points at the outset. Our team develops integrated strategies that align district court litigation with PTAB and other administrative proceedings where appropriate.
We evaluate claim construction positions, invalidity arguments, and non-infringement defenses, as well as the strategic use of early motions, venue challenges, and stays. Where appropriate, we support licensing discussions and settlement strategies grounded in realistic risk assessments.
Why Clients Choose Banner Witcoff
Banner Witcoff offers a fully integrated IP practice, enabling our teams to combine litigation, enforcement, prosecution, and administrative expertise. This allows us to tailor NPE strategies to each client’s commercial realities, risk tolerance, and long-term objectives.
Industries We Serve
- Software, SaaS, AI, and data platforms
- Consumer electronics and semiconductors
- Telecommunications and networking technologies
- Medical devices and regulated technologies
- Automotive, IoT, and advanced manufacturing
Defend Innovation with Confidence
Banner Witcoff helps companies respond strategically to NPE assertions while protecting innovation, market position, and long-term business objectives.
