U.S. Patent Litigation Seminar: A Guide for the Israeli IP Professional

This course is designed to help Israeli in-house patent counsel, patent attorneys, legal advisors and management understand the process and achieve their goals in U.S. patent infringement litigation.

Long before a suit begins, the actions of in-house counsel can have a direct impact on the outcome. The course addresses best practices for responding to and sending warning letters, and discusses negotiation tactics that can help avoid litigation.

In a chronological manner, the course will explain each step of the patent litigation process from pre-suit strategies, to the “Markman” claim construction stage, through the appeal process. In addition, it will provide helpful tips on what in-house counsel, patent attorneys and legal advisors can do in advance and during the process to achieve success at each stage.

The course will examine the relative costs of the various phases of litigation and will review cost-saving measures, such as the summary judgment process, which can enable dispute resolution.

Seminar Agenda

23 June 2010

Six Key Considerations in a Pre-suit Analysis 

    Exposure 

    Design around options 

    “End Game” goals 

    Validity 

    Infringement 

    Evidence of culpability

Pre-suit Preparations and Strategies 

    Selecting U.S. counsel and the “litigation team” 

    Choosing the right forum (U.S. District Court, ITC, USPTO) 

    Controlling costs 

    Best practices for pre-suit negotiations 

    Strategies for resolving litigation early 

    Notice Pleading: The complaint and the answer 

    The importance of “leverage” as a defendant in U.S. litigation and anticipating your opponents positions in advance 

    Motions to dismiss suits 

    The initial disclosure process 

    Maximizing the use of protective orders to safeguard your company’s sensitive information 

    Scheduling order strategies

24 June 2010

The U.S. Discovery Process 

    How to leverage 

    How to avoid its pitfalls 

    Keeping your opponent honest 

    Obtaining information from companies not involved in the suit 

    Protecting your customers for harassment

Markman Hearings and the Claim Construction Process 

    When? 

    Strategies

Depositions: Evidence from Live Testimony 

    Strategies for taking depositions 

    How to select and prepare witnesses

Strategies for Early Resolution of Lawsuit 

    Summary judgment 

    Mediation and effective settlement negotiations 

    The importance of experts in U.S. patent litigation 

    Jury consultants and mock trials 

    The pre-trial process 

    Jury trials and bench trials 

    Preserving your rights to appeal and other post-trial considerations

Appeal Process 

    The U.S. Court of Appeals for the Federal Circuit

Register

Fee: NIS 3,950. (+ 16% VAT) or USD equivalent at date of invoice. Members of the Forum of In House IP Managers, Israel receive a discount. Please contact Kim@ipresources.co.il for details.

Invoice and confirmation will be forwarded to you. The fee includes course documentation as well as continental breakfast, lunch, and mid-session refreshments.

Space is limited, please click here to sign up early.