Multi-Defendant Patent Litigation: Controlling Costs and Pooling Resources
Strategies for Joint Defense Groups, Joint Defense Agreements, and Privilege Issues
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide counsel to companies involved in multi-defendant patent litigation with guidance on evaluating and using joint defense groups and joint defense agreements. The panel will also review common privilege issues that pose potential risks for defendants.
- Joint defense group
- Advantages and disadvantages
- Cost — cost savings or increased costs?
- What to share with group members
- Settlement issues
- Accidental representation
- Protective orders
- Strategies for navigating the joint defense group
- Joint defense agreement
- Use of experts
- Vicarious disqualification
- Defection of a party from agreement
- Strategies for crafting the agreement
- Potential pitfalls and strategies to address them in joint defense
- Common interest privilege
- Aligning with competition
The panel will review these and other key questions:
- What critical safeguards should defendants put in place to protect the common interest privilege?
- What are the key steps defendants working jointly can take to avoid problems relating to potential conflicts?
- What preventative clauses should be incorporated into the joint defense agreement to minimize potential risks, such as sharing of joint defense materials and accidental representation?
David A. Segal
Gibson Dunn & Crutcher
He has substantial litigation and transactional experience in patent matters, and has worked extensively on several... | Read More
He has substantial litigation and transactional experience in patent matters, and has worked extensively on several jury trial matters. He has prosecuted and defended patent infringement actions involving products and methods covering paving, medical devices, cable, Internet and voice over IP, computers and computer software and golfing products.Close
Eric R. Lamison
Kirkland & Ellis
His practice involves patent, trade secret, trademark, trade dress, antitrust, licensing, contract, and business tort... | Read More
His practice involves patent, trade secret, trademark, trade dress, antitrust, licensing, contract, and business tort litigation. His practice includes patent infringement jury trial experience and trial experience before the U.S. International Trade Commission. He represents clients in IP disputes involving various subjects, including computer science, and electrical and mechanical engineering.Close