Invalidity Opinions in Patent Litigation
Shielding Against Liability, Reducing Exposure to Enhanced Damages, Attorney-Client Privilege Implications
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide patent counsel with guidance on the use of invalidity opinions in defense of patent infringement claims. The panel will discuss the issue of waiver of the attorney-client privilege and other factors when considering invalidity opinions. The panel will provide best practices for obtaining and using invalidity opinions.
- Use of invalidity opinions
- Drafting invalidity opinions
- Key considerations
- Privilege implications
- Recent cases
- Best practices for obtaining and using invalidity opinions
- Attorney-client privilege
The panel will review these and other noteworthy issues:
- What are the benefits of obtaining invalidity opinions? What are the risks?
- How have courts addressed invalidity defenses after Halo?
- Under what circumstances should invalidity opinions be sought to protect from infringement claims and enhanced damages?
Ronald E. Cahill
Co-Chair, Intellectual Property Department
Nutter McClennen & Fish
Mr. Cahill works with clients of all sizes to solve their most challenging intellectual property problems. His advice... | Read More
Mr. Cahill works with clients of all sizes to solve their most challenging intellectual property problems. His advice ranges from designing intellectual property protection that maximizes the protectable value of the client’s investment in research and development to applying that intellectual property in court and in the marketplace to allow clients to realize that value. While much of Mr. Cahill’s work involves presenting his clients’ case to judges and juries around the country, many clients ask him to apply that experience to strategic planning within their business, and especially with respect to their competitors or potential deal partners.Close
April E. Weisbruch
Sheppard Mullin Richter & Hampton
Ms. Weisbruch focuses on all aspects of intellectual property, including patent prosecution and patent litigation. Her... | Read More
Ms. Weisbruch focuses on all aspects of intellectual property, including patent prosecution and patent litigation. Her focus on “full spectrum IP work,” which also includes complex opinion work drafting freedom-to-operate (FTO) and invalidity opinions, allows her to counsel clients at all stages in the IP portfolio development. She represents clients in all phases of patent litigation and also represents clients in post-grant proceedings before the PTAB. She has experience with all aspects of patent prosecution, including drafting and prosecuting patent and trademark applications, examiner interviews, petitions and appeals.Close