Patent litigation risk is shifting from the margins to the core of project risk in data centre investments, yet it remains underappreciated. Osborne Clarke’s Tim Harris warns that investors must proactively address intellectual property challenges to avoid costly disputes. As data centres proliferate, so too do patent assertions targeting core technologies—from cooling systems to power management. Harris advises early due diligence, including patent landscape analysis and freedom-to-operate assessments. He also recommends structuring investments to isolate liability and engaging legal counsel experienced in both IP and infrastructure. With litigation increasingly targeting operational technologies, failing to account for patent exposure could derail returns or delay deployments. Investors should treat IP risk as a strategic concern, not an afterthought.
Key entities include Osborne Clarke, Tim Harris, and the broader data centre investment sector. The guidance is aimed at private equity firms, institutional investors, and infrastructure fund managers navigating this evolving landscape.
Source: Infrastructure Investor · Summarized by HeadlinesBriefing