The Supreme Court, the Federal Circuit, and the Patent and Trademark Office are reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation. An expert faculty will cover the patent litigation process from start to finish, including actions brought in the District Court and at the International Trade Commission. From the Rule 11 pre-filing investigation through the appeal in the Federal Circuit, attendees will learn essential practical details, such as how to prepare complaints and answers in a patent case, as well as the nuts and bolts of patent-related discovery. The program will also explore the claim construction process leading up to the Markman hearing, including the Supreme Court’s and Federal Circuit’s evolving law of how patents should be interpreted. Learn what is needed to prove infringement and how a patent may be invalidated by prior art or rendered unenforceable by inequitable conduct. Explore what to expect at trial and learn what remedies are available.
Topics to be addressed:
- Recent cases impacting patent litigation practice
- The pros and cons of suing for patent infringement in district court and at the ITC
- Pre-filing tactics: what steps need to be taken?
- Who should be sued and where?
- Practice tips: Necessary information in the complaint and answer
- Determining whether and when to counterclaim
- Induced and contributory infringement liability
- Advantages of patent challenges under the AIA for accused infringers
- Best practices for using discovery efficiently and effectively
- Markman hearings and how claim terms are construed
- Remedies in district court and the ITC
- How best to position the case for appeal
- Timeline: How long does all this take and how much will it cost?