Evidence in Patent Litigation: Navigating Proportionality Requirements, Experts, Scope, Timing, and RFPs

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Thursday, April 29, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide patent litigation counsel on discovery issues. The panel will examine proportionality requirements and considerations to determine if these requirements are met. The panel will discuss scope and timing of discovery, including patent holder and accused infringer requests for productions and experts. The panel will also examine recent court treatment and offer best practices for navigating discovery issues in patent litigation.

Description

The Federal Rules of Civil Procedure require discovery to be relevant and proportional to case needs. The courts are to consider "the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit."

Counsel must understand the factors to consider when determining whether a given discovery request is proportional to the needs of the case, including the importance of an issue, the adequacy of alternative discovery measures, and the privacy concerns involved.

Listen as our authoritative panel of patent litigators examines discovery issues in patent litigation. The panel will examine proportionality requirements and considerations to determine if these requirements are met, including limited practical importance, other discovery, and privacy concerns. The panel will discuss the scope and timing of discovery and a patent holder and accused infringer RFPs. The panel will examine recent court treatment and will offer best practices for navigating proportionality requirements and other discovery issues in patent litigation.

READ MORE

Outline

  1. Proportionality requirements and considerations
  2. Scope
  3. Timing
  4. Requests for production
    1. Patent holder
    2. Accused infringer
  5. Experts
  6. Recent court treatment
  7. Best practices for navigating evidentiary issues in patent litigation

Benefits

The panel will review these and other priority issues:

  • What lessons can patent counsel draw from recent decisions when assessing evidence?
  • What best practices should counsel employ when submitting or challenging evidence?

Faculty

Prescott, Katherine
Katherine D. (Katie) Prescott

Principal
Fish & Richardson

Ms. Prescott’s practice focuses on patent and trade secret litigation with an emphasis on software, network and...  |  Read More

Tulin, Edward
Edward L. Tulin

Counsel
Skadden Arps Slate Meagher & Flom

Mr. Tulin concentrates his practice on complex litigation and arbitration involving patents, patent licensing disputes,...  |  Read More

Zapadka, Matthew
Matthew D. Zapadka

Attorney
Bass Berry & Sims

Mr. Zapadka counsels clients on the protection and enforcement of their intellectual property assets, with a focus on...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download