Fundamentals of Patent Litigation 2013
June 5, 2013
CLE - Live Seminar
USA
Description
Are you a litigator and have always wondered how patent litigation differs from your practice? Or maybe you have considered pursuing patent litigation but first wanted to find out how it differs from other types of commercial litigation? This exciting program will explore what makes patent litigation, whether in District Court or at the ITC, different from other types of litigation, from the Rule 11 pre-filing investigation through the appeal to the Federal Circuit. Attendees will learn important practical details including who to sue and what to put in the complaint. Learn what discovery is needed in a patent case and how discovery differs from other civil litigation. Disclosures of infringement and invalidity contentions, the claim construction process at and leading up to the Markman hearing will also be examined. Find out what is needed to prove infringement and how a patent may be invalidated by prior art or rendered unenforceable by inequitable conduct. Hear what can be expected at trial and what remedies are available. We will also discuss alternative forums, including the International Trade Commission, and review appeals to the Federal Circuit, and how it and the Supreme Court are reshaping patent law and patent litigation.
- How the America Invents Act (“AIA”) is affecting patent litigation
- Determining who to sue
- Whether to send a notice letter and what can go wrong if you do
- What to do if your client receives a notice letter
- The forums available for suing for patent infringement
- What needs to be done before filing a complaint
- What needs to be in a complaint, and answer, and when to counterclaim
- When a company can be liable for induced or contributory infringement
- How accused infringers can take advantage of patent challenges under the AIA
- How to use discovery most efficiently and effectively
- How claim terms are construed and the process courts use to do it
- How a patent case is tried and who, judge or jury, decides what
- What remedies are available and likely to be awarded
- Appeals in the Federal Circuit and how to position the case for appeal
- How long all this usually takes and what it is likely to cost
Organized by
Practising Law Institute
810 Seventh Avenue
New York, New York
United States of America
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