Technology has become a primary differentiator in the energy industry. In the oil and gas sector, for example, innovative technologies including formation-evaluation tools, steerable drilling systems and multistage hydraulic fracturing are being used to unlock unconventional resources such as shale oil that previously were thought out of reach.

The energy industry has been aggressive in protecting its technology and market share through patenting and litigation enforcing rights to patented technology. As a result, competitor-competitor patent litigation is common in the industry. However, a different type of patent litigation has been moving into the energy industry.

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