Patent Venue Pitfalls of Remote Work Arrangements: Application of Cray Factors, Risk Mitigation, Court Treatment

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


Thursday, September 3, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 14, 2020

or call 1-800-926-7926

This CLE webinar will guide patent counsel on the venue implications of remote work arrangements. The panel will examine the risks of remote work for patent cases and how the courts have treated the issue. The panel will discuss risk mitigation and offer best practices to reduce the likelihood of being subject to lawsuits in venues where employees work remotely.

Description

Many companies have shifted employees to working remotely to respond to the pandemic. Many are contemplating or moving forward with having employees who primarily work remotely. A recent survey conducted by Venture Capitalists and Founders found that approximately 33 percent of companies will move to a fully remote workforce, 40 percent will have a majority of employees working remotely, and 20 percent will have some employees working remotely.

Companies creating inventions should consider the risks and potential consequences of remote work on venue in patent cases. The Federal Circuit offered guidance for establishing venue in In re Cray (Fed. Cir. 2017), laying out factors to consider when evaluating places of business where remote work is involved. The court concluded in Cray that venue was inappropriate, but another federal court in RegenLab USA L.L.C. v. Estar Techs. Ltd. (S.D.N.Y. 2018) determined the remote work arrangement established proper venue.

Listen as our authoritative panel of patent attorneys examines the risks of remote work on venue in patent cases and the current state of the law. The panel will outline what companies must do to mitigate risks and offer best practices to reduce the likelihood of subjecting themselves to suit in venues where employees work remotely.

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Outline

  1. Risks of remote work for jurisdiction/venue purposes
  2. Court treatment
  3. Risk mitigation and best practices

Benefits

The panel will review these and other key issues:

  • What factors should counsel examine when considering remote work arrangements?
  • How are courts treating remote work arrangements for venue purposes?
  • What steps should companies and counsel take to mitigate the risks of being subject to litigation where employees are working remotely?

Faculty

Redmond, Megan
Megan J. Redmond

Partner
Erise IP

Ms. Redmond litigates and tries patent, trademark, copyright, and trade secret cases. She has significant experience...  |  Read More

Rizzolo, Matthew
Matthew J. Rizzolo

Partner
Ropes & Gray

Mr. Rizzolo works extensively with technology companies to both enforce clients’ intellectual property rights and...  |  Read More

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