Data Center Growth Brings Wave of Patent, Trade Secret Disputes, Bloomberg Law

Bloomberg Law quoted partners C. Erik Hawes and Jason Gettleman in an article about the growing patent and trade secret litigation risks as investment in data centers and the technologies that support them continues to expand.

Erik discussed how nonpracticing entities have historically targeted rapidly developing technologies.

“Twenty years ago, it was Wi-Fi, and there were more suits on Wi-Fi technology than you could possibly keep track of because that was where technology was blowing up and that’s where the pain point was for defendants,” Erik said.

Jason advised data center operators to assess suppliers’ potential exposure to US International Trade Commission (ITC) proceedings and supply chain disruptions.

“Data centers should manage ITC risk the same way they manage power, cooling, and construction risk: Identify critical dependencies early, avoid single points of failure, and make sure contracts, technical architecture, and litigation strategy are aligned before an ITC remedy threatens the supply chain,” Jason said.

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