Proactive IP Risk Management: A Patent Litigator’s Perspective

This week on IPWatchdog Unleashed, our host and the founder of IPWatchdog, Gene Quinn, speaks with Hilary Preston, partner at Vinson & Elkins and co-head of its intellectual property and technology litigation practice. Preston outlines her evolution from a general litigator into a leading IP strategist, highlighting how deep technical fluency—grounded in her physics background—became a competitive differentiator in high-stakes disputes. The discussion traces structural shifts in patent litigation over the past two decades, including venue realignment, the rise of specialized judicial expertise, Judge Alan Albright’s tenure in the Western District of Texas, and the likely impact Albright's resignation will have on patent litigation for years to come. The conversation then pivots to what Preston characterizes as “innovation governance”—a holistic operating model that integrates risk assessment, mitigation, licensing strategy, and, when necessary, litigation. Rather than positioning herself as a “sports” or “media” lawyer, Preston explains her practice as technology-centric problem solving across industries, which include the sports and entertainment industries. She details how legal teams must move upstream—anticipating IP risk in streaming platforms, content delivery architectures, and digital ecosystems—while maintaining alignment with core business objectives. Quinn and Preston converge on a critical insight: high-value counsel is defined less by discrete legal outputs and more by the ability to diagnose underlying business problems and deliver actionable, forward-looking solutions. Finally, the discussion addresses emerging pressure points shaping the next phase of IP and technology. Preston identifies artificial intelligence not just as a software issue, but as an infrastructure challenge—driving massive investment in data centers, energy systems, and associated IP frameworks. This shift is already catalyzing new ownership disputes and litigation vectors. Looking ahead, both Quinn and Preston spotlight unresolved policy tensions, particularly around injunctions and their role in balancing innovation incentives against market competition. The takeaway is clear: as technology complexity scales, the IP function is transitioning from reactive enforcement to strategic governance—requiring practitioners who can operate at the intersection of law, engineering, and enterprise strategy.