High-volume patent monetization entities have long focused on targets in the information technology and software sectors. But that trend is shifting.

Drawn by blockbuster innovations and attention-grabbing transactions in other fields—and deterred by the uncertainty of patent eligibility for many software inventions—these non-practicing entities are seeking out patent portfolios to monetize in new areas including biotechnology, robotics, and even consumer technologies and health tech.

This has important implications for players in these fields:

• Companies in these fields—which traditionally have fallen outside the “target zone” for patent monetization entities—should reassess their defensive litigation playbook, and their offensive strategies, to minimize exposure.
• Now is the time to refamiliarize with common patent venues like the Eastern and Western Districts of Texas, where many of these suits are filed. These venues are known to impose fast schedules and defer merits challenges until after claim construction and discovery—and require tailored strategies as a result.
• Monetization entities often target companies with established sales. Development-stage biotechnology or pharma companies should pay special attention to available defenses, including the patent safe harbor (35 U.S.C. § 271(e)(1)) and venue (the Patent Act requires both a “regular and established place of business” and “acts of infringement” in the district).