How do we determine our legal risk regarding IP?

You have not stated whether you have issued patents and if so, in what countries or if you are actively filing for a proprietary position. Hopefully, you have had professional prior art searches that meet the standards under the America Invents Act performed. If your patents issued, you need to know the strength of your position by obtaining a professional validity search and opinion. To know if you are free to commercially market your product without obtaining license(s), an infringement search on each element of issued independent claims must be performed in the same, similar, or collateral fields and results incorporated into an infringement opinion. This search should uncover is anyone is infringing any element of your claims. Based on the breadth and strength of your present and future claims, a reputable patent practitioner should advise you on the likelihood of a patent challenge and whether your IP will be preserved throughout post AIA trial proceedings.Case law provides the basics for the practitioner providing you with informed risks and strengths.