Evaluating the Merits of Pursuing Patent Litigation

About the Course: Patent litigation is an expensive and time-intensive endeavor. Even the least complex patent litigations can consume millions of dollars and years of work. This program will help you evaluate the strength of your patent infringement case; determine the nature and likelihood of available remedies (damages, injunction, exclusion orders); estimate the costs and length of litigation; consider the softer costs of patent assertion such as its impact on your reputation; and, synthesize these considerations so that you will be able to make a well-informed choice as to whether to pursue a patent infringement action. The program features overviews of the Case Merits Evaluation Flow-Chart and the Cost-Benefit Analysis Flow-Chart. The following are among the specific issues addressed during this webinar: Is it preferable that warning letters to infringers be prepared by the patentee or an attorney? Should the same law firm that prosecuted the patent be retained to litigate against infringers? Where is the line of demarcation between the Doctrine of Equivalents and legitimate designing around? What is the level of difficulty of moving the venue of litigation? Is it preferable to pursue assertion when a judge or jury will decide the case? What are the difficulties associated with proving indirect infringement? What are some of the most important points to consider when evaluating claims construction? What must a plaintiff do to satisfy Rule 11? How do claims affect when the infringement clock can be set with respect to the definition of “make”? What can a patent-holder do to prepare for challenges–such as inequitable conduct, laches, equitable estoppel, and reexamination–by the defendant? What characteristics differentiate a preliminary injunction from a permanent injunction? Under which injunction is the plaintiff required to post a bond? Which factors add to the expense and time associated with patent litigation? How can one research potential forums? What are key considerations in such searches? Course Leaders: David A. Kelly, Associate, Hunton & Williams Mr. Kelly has extensive patent litigation experience, representing both patent owners and accused infringers, in a wide variety of technologies, including biotechnology, pharmaceutics, medical devices and software-related inventions. David has extensive experience handling and managing all aspects of complex patent infringement litigations, ranging from pre-filing due diligence, drafting of pleadings, motions and briefs, conducting fact and expert discovery, briefing and arguing claim construction and dispositive motions, negotiating settlement, drafting of settlement and license agreements, trial, and appeals. Joshua M. Kalb, Associate, Hunton & Williams Josh is primarily an IP litigator whose practice focuses on creating and preserving value in IP assets through aggressive enforcement and protection of IP rights. Josh has represented numerous companies in high-stakes patent, trademark, and copyright litigation. In addition to litigation work, Josh has experience negotiating and drafting IP licenses, assignments, and coexistence agreements. He has also assisted in the prosecution of trademark and copyright registrations. Michael A. O’Shea, Partner, Hunton & Williams Mr. O’Shea specializes in patent litigation and patent licensing in virtually every technology, from semiconductors to pharmaceuticals, automobiles to medical instrumentation, and software to specialty chemicals.
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