Invalidity Opinions in Patent Litigation: Shielding Against Liability

Reducing Exposure to Enhanced Damages, Attorney-Client Privilege Implications

A live 90-minute premium CLE video webinar with interactive Q&A


Thursday, November 11, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

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.

Description

Recent decisions have changed the landscape and renewed awareness of an invalidity opinion's role in patent litigation. Obtaining an invalidity opinion and examining infringement risks can protect an accused infringer from a willful infringement finding and significant damages.

However, obtaining and utilizing invalidity opinions is not without its risks. The alleged infringer should consider the timing and the potential steps that an invalidity opinion could trigger. Further, a price for using an invalidity opinion could be a waiver of attorney-client privilege.

Listen as our authoritative panel of patent attorneys examines the use of invalidity opinions and the considerations counsel must address when drafting an invalidity opinion. The panel will also offer best practices for using invalidity opinions.

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Outline

  1. Use of invalidity opinions
  2. Drafting invalidity opinions
    1. Key considerations
    2. Privilege implications
  3. Recent cases
  4. Best practices for obtaining and using invalidity opinions
    1. Timing
    2. Triggers
    3. 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

Cahill, Ronald
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

Weisbruch, April
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

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. 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:

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