In the News

Stolarski Quoted in Article on IP Litigation and the UBI Market

Lawsuits Aren’t Only Recourse When Defending Intellectual Property Claims

August 1, 2012

Michael Stolarski, member and Leader of Dykema’s Intellectual Property Litigation Practice Group, was interviewed recently for an article, “Telematics, IP litigation and the UBI market,” that appears in Telematics Update, the number-one news site for the telematics (the integrated use of telecommunications and analytics, chiefly as it involves transportation vehicles) industry. In the article, Stolarski observes that IP litigation has intensified among auto insurance companies, as more and more firms now offer usage-based insurance (UBI) programs that calculate the cost of auto insurance based upon electronic monitoring of actual driving behavior, rather than an actuarial chart.

Stolarski points out that one company—which has successfully defended its “pay as you drive” UBI program against challenges from multiple competitors—could choose to address this situation differently in the future. Why? “Public safety benefits of the technology might weigh in a defendant’s favor. There are some Supreme Court rulings that make it difficult for patent holders to get injunctions.” Stolarski notes that, for the patent infringement lawsuits that made it into the court system in 2011, all but 3 percent were settled before trial.

Going forward, how else could companies resolve these IP conflicts? Stolarski thinks one possibility is licensing the IP technology, an agreement that could be mutually beneficial to both parties.