Responding to Patent Demand Letters: Leveraging State Laws on Bad Faith Assertion of Patents
Determining What to Include or Exclude in Response, Minimizing Risk of Litigation
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to patent counsel for responding to demand letters. The panel will discuss legal and strategic considerations, as well as current and proposed state laws addressing bad faith assertion claims. The panel will also discuss what to include or exclude in the response to avoid creating potential harm in future litigation.
- Considerations in determining whether to respond to the demand letter
- State laws regarding bad faith assertion of patents
- Responding to patent demand letters
The panel will review these and other key issues:
- What are the key considerations for patent counsel when evaluating whether and how to respond to patent demand letters?
- What is the effect of state laws on bad faith assertion claims on the response to a demand letter?
- What are some of the pitfalls patent counsel confront in responding to demand letters—and how can they be avoided?
Sharon A. Israel
Ms. Israel focuses her practice on intellectual property law with an emphasis in patent litigation, opinion work and... | Read More
Ms. Israel focuses her practice on intellectual property law with an emphasis in patent litigation, opinion work and client counseling. She has acted as counsel in IP cases before district and appellate courts, the ITC, and the PTAB. Ms. Israel has litigated patents relating to a variety of technologies, including cellular communications systems and devices, oilfield equipment, consumer electronics, chemical compositions, and medical devices, among others. She is a frequent speaker on patent-related topics, and has served in leadership roles in numerous organizations.Close
Brian R. Iverson
Bass Berry & Sims
Mr. Iverson concentrates his practice in complex commercial litigation matters, including intellectual property... | Read More
Mr. Iverson concentrates his practice in complex commercial litigation matters, including intellectual property disputes, in federal courts, state courts, administrative proceedings, and alternative dispute resolution proceedings across the country. He has extensive experience representing clients ranging from individuals and small businesses to multi-billion dollar corporations as both plaintiffs and defendants in high-stakes litigation. Mr. Iverson's broad experience allows him to quickly understand his clients' business objectives and offer cost-effective strategies to achieve those objectives.Close
Mr. Vinti’s practice focuses on litigating patent, false advertising, trade secret, trademark and contractual... | Read More
Mr. Vinti’s practice focuses on litigating patent, false advertising, trade secret, trademark and contractual matters in federal and state courts and before the International Trade Commission. He is a skilled IP litigator with extensive experience in all aspects of litigation, including trials (jury and bench), Markman hearings, appeals before the Federal Circuit, case preparation and strategy, depositions, motion practice, and settlement negotiations. Mr. Vinti is an author and frequent commentator on patent issues pertaining to medical devices and a host of other IP topics.Close