PLI’s Fundamentals of Patent Litigation 2013 program which includes coverage of the America Invents Act, 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.

Topics to be covered include:

Patent Prosecution for Litigators

  1. Overview of the patent process
  2. How the AIA’s change from “first to invent” to “first to file” will affect prosecution
  3. Third-party pre-grant submission of prior art under the AIA

Elements and Burdens in a Patent Infringement Case and the Defendant’s Response

  1. How is a patent case different?
  2. Elements of a well-pled complaint and burdens
  3. How the AIA affects defenses: Elimination of the “Best Mode” defense and prior user rights

The Markman Process and Hearing

  1. Overview of Markman and its progeny
  2. Markman hearing procedure, strategies and tactics
  3. After the Markman hearing — effect on further trial proceedings

Anatomy and Timeline for a District Court Patent Infringement Case

  1. Likelihood of going to trial, time at trial and success rates in various districts
  2. The AIA’s new joinder rules and effect on particular venues
  3. Comparison of local patent rules
  4. Timeline in a typical district court patent case

The ITC and Other Forum, Venue and Remedy Issues

  1. Why patent reform does not impact ITC cases
  2. When might the ITC may be a preferred forum to District Court?
  3. Unique Section 337 remedies
  4. Key strategies and tactics for winning Section 337 cases

Post-Grant Review and Critical Issues That Win a Patent Infringement Case for a Plaintiff and a Defendant

  1. Changes to PTO post-grant review in the AIA
  2. Choice of venue, transfer motions, and patent opinions after the AIA
  3. Effective settlement strategies
  4. Trying and winning patent trials

Co-Chair and Speaker: Gary Hnath

Speakers: Michael Molano (SF Program and Live Webcast)
San Francisco, CA
9:00 a.m. PST