NPE Patent Litigation: Latest Developments

Leveraging Alice, Federal Rules Amendments, and Patent Office Proceedings in Defending Infringement Disputes

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


Conducted on Wednesday, January 27, 2016

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to IP counsel on recent developments that impact how companies deal with non-practicing entities (NPEs). The panel will also discuss settlement and defense strategies in patent suits with NPEs.

Description

Patent litigation is expected to hit record levels in 2015 and more than two-thirds of those cases will be filed by NPEs. Litigation involving NPEs accounts for 68% of the patent cases in the federal district courts. Congressional reform efforts appear stalled, at least for now.

The Alice Corp. v. CLS Bank ruling and other significant decisions have impacted patent litigation as well as patent prosecution. While these opinions make it more difficult to obtain and to assert a weak patent, NPEs continue to assert patents.

The Dec. 1, 2015, Federal Rules of Civil Procedure amendments give defendants some assistance, and will require more up front work by NPEs.

Counsel should examine recent motion practice trends for guidance on effectively responding to these suits. An alternative avenue for counsel to consider is whether post-grant proceedings would be an appropriate and beneficial response to NPE litigation.

Listen as our authoritative panel of IP attorneys examines recent trends and challenges posed by NPEs in patent litigation. The panel will discuss measures counsel can take to mitigate the impact of NPEs, including the use of joint defense groups and strategic motions practice, and the role Patent Office proceedings can play in defense strategies. The panel will also offer best practices for litigating NPE cases.

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Outline

  1. Current trends in NPE patent litigation
    1. Impact of Alice
    2. Motions practice
    3. Heightened pleading standards
    4. Patent Office proceedings
  2. Mitigating the impact of NPEs
  3. What can be learned from recent cases
  4. Best practices

Benefits

The panel will review these and other key issues:

  • What impact have the AIA and the Supreme Court decision in Alice had on NPEs?
  • How have practitioners leveraged strategic motions practice in NPE litigation?
  • What strategies can be employed to minimize the threat of NPE patent litigation?

Faculty

R. David Donoghue
R. David Donoghue

Partner
Holland & Knight

Mr. Donoghue is a trial attorney and the deputy practice group leader of the firm’s IP group, focusing his almost...  |  Read More

Dana M. Herberholz
Dana M. Herberholz

Shareholder
Parsons Behle & Latimer

Mr. Herberholz is a registered patent attorney whose practice emphasizes intellectual property matters and litigation,...  |  Read More

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