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Cybersecurity firms have a tremendous responsibility. They work 24/7 to protect many of the world's most trusted and valued companies and brands. Their clients rely on their expertise to protect crucial assets, and consumers trust that they are keeping client information safe and secure. At the same time, cybercrime is still a very real threat. In fact, "Cybersecurity Ventures predicts that cybercrime will cost the world $6 trillion annually by 2021, up from $3 trillion in 2015." (Cybercrime Magazine, Dec. 18, 2019).
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls" as they are commonly known). PAEs are companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
At Trend Micro, we know first-hand how patent trolls attempt to extract millions of dollars from a business. A few years ago, a patent troll came after our IP with threats of infringement. Intellectual Ventures, a known patent troll, develops and licenses IP, and in essence they bought tens of thousands of patents and leveraged those patents against companies in an attempt to generate billions in royalties for themselves. In Trend Micro's case, we were confident that the patents Intellectual Ventures asserted against us were invalid, and always held the belief that our products and innovation never infringed upon them.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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