Defensive Litigation Strategies

When confronted with patent litigation in the United States, a defendant may implement strategies that can put the patentee on the defensive and maximize chances of success. Please join us for a discussion of defensive litigation strategies that can be effective in combating and reducing the cost of patent infringement litigation.

Topics will include:

• Developing an early position letter, shifting the focus from the defendant to the patentee by demanding an explanation for the infringement allegations early in the case and following up with a motion to dismiss;
• Addressing direct infringement charges early when accused products are manufactured and sold outside the United States in view of the Federal Circuit’s 2013 decision in Power Integrations v. Fairchild;
• Taking advantage of the higher standards for proving indirect infringement in view of the recent decisions in Global-Tech, Commil, and Limelight Networks;
• Implementing strategies for early claim construction and summary judgment, thus avoiding extensive fact discovery; and
• Leveraging the Supreme Court’s Octane Fitness decision to be in the best position to recover attorneys’ fees.

This webinar is the third in Finnegan’s summer 2014 series, “Strategic U.S. Intellectual Property Series for Asian Counsel."

Moderator:

Gary C. Ma

Speaker:  

Doris Johnson Hines  

Date:
Tuesday, October 7, 2014

Time:

7:30 - 8:30 a.m. India
10:00 - 11:00 a.m. China/Taiwan
11:00 a.m. - 12:00 p.m. Japan/Korea