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September 16, 2026 • 1-minute read
Vinson & Elkins Partner Hilary Preston joined IPWatchdog Unleashed to discuss intellectual property risks and best practices resulting from the AI data center boom.
Preston noted that litigation is already underway, with at least four patent cases filed over the summer involving power and energy technologies. She flagged a key risk: data center operators can face infringement claims based on technology supplied by third-party vendors, even where the operator did not develop or select those components.
“Ensuring that AI data centers can be built safely, responsibly, and without avoidable IP disruption will require treating intellectual property as part of the infrastructure strategy from the outset,” she said, explaining the need for “innovation governance”—taking stock of the technology being used, tracking competitors, breaking down internal silos, planning for patent and trade secret protection, and understanding the enforcement landscape.
Hilary Preston is a Partner at Vinson & Elkins and co-head of the firm’s intellectual property and technology litigation practice. She advises clients on patent disputes, IP risk management, and strategic innovation.
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