IP Assertion and Litigation - Medium-Sized Teaching Hospital

BACKGROUND

Upstream's client, a medium-sized teaching hospital, developed a breakthrough medical technology, with patents that are suspected of being infringed by a multinational corporation.

Our Analysis

  • Upstream thoroughly analyzed the patent claims and the product economics.

  • Upstream approached the corporation with a licensing proposal.

  • When this was rejected, Upstream initiated litigation in Europe against the company.

Outcome

Due to Upstream’s analysis, the litigation was quickly settled. The corporation took a license to the IP. The IP owner earned $3M in royalties in the first year after the deal was concluded, and ongoing running royalties.