Invalidity Opinions in Patent Litigation: Shielding Against Liability
Reducing Exposure to Enhanced Damages, Attorney-Client Privilege Implications
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide patent counsel with guidance on using 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.
Outline
- Use of invalidity opinions
- Drafting invalidity opinions
- Key considerations
- Privilege implications
- Recent cases
- Best practices for obtaining and using invalidity opinions
- Timing
- Triggers
- Attorney-client privilege
Benefits
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?
- Under what circumstances should invalidity opinions be sought to protect from infringement claims and enhanced damages?
Faculty
Ronald E. Cahill
Partner
Barnes & Thornburg
With decades of courtroom experience, Mr. Cahill has led trial teams in patent infringement cases around the... | Read More
With decades of courtroom experience, Mr. Cahill has led trial teams in patent infringement cases around the country. He also conducts inter partes reviews and other proceedings in the U.S. Patent and Trademark Office to determine patent validity. While much of his work involves presenting his clients’ cases to judges and juries around the country, many clients ask him to apply his experience to strategic planning within their business, especially with respect to their competitors or potential deal partners.
Close
April E. Weisbruch
Partner
McDermott Will & Emery
Ms. Weisbruch focuses her practice on intellectual property matters, particularly in managing large-scale IP litigation... | Read More
Ms. Weisbruch focuses her practice on intellectual property matters, particularly in managing large-scale IP litigation and counseling. She works with clients in wide-ranging technology sectors, including pharmaceuticals, software applications, medical devices, organic chemistry, and ballistics. She represents clients in all phases of patent litigation, from the filing of a complaint through appeal, as well as in the highly specialized post-grant proceedings before the United States Patent Trial and Appeal Board (PTAB). She has extensive deposition, hearing, and trial experience in US district courts throughout the country and the US Court of Federal Claims, the US Court of Appeals for the Federal Circuit, and the PTAB. Her litigation experience includes traditional "competitor" litigation, litigation against non-practicing entities, ANDA litigation under the Hatch-Waxman Act, and Sec. 1498 litigation against the United States of America.
Close