Patent Threats: Initial Response Strategies
Evaluating Patent Defenses When Faced With a Notice Letter or Complaint
Recording of a 90-minute CLE webinar with Q&A
Conducted on Wednesday, March 30, 2011
Recorded event now available
This CLE webinar will provide guidance for IP counsel to identify inherent defects in a patent, find prior art and potential inequitable conduct without a “scorched earth” search, and formulate other defenses using time and cost-effective methods.
The first several hours after receiving a notice letter or being served with a complaint are critically important for companies and their counsel. This is the most valuable period to develop good defenses quickly.
Counsel must evaluate the patent threat and determine the most viable defenses and arguments to achieve the client's goals and defeat a patent threat—and quickly gather ammunition for use in a pre-litigation discussion or in drafting an answer to a complaint.
The key to success is understanding the techniques and strategies to improving the position of an accused infringer in a patent case or pre-litigation in a manner that is both time and cost efficient.
Listen as our authoritative panel of patent litigators examines tactics for identifying inherent defects in the patent, finding prior art and potential inequitable conduct without a “scorched earth” search, and formulating other defenses in a cost-effective way. They will provide a practical checklist with steps to take when facing a patent threat.
- Ascertaining the threat
- The patent holder and its counsel
- The judge and forum
- Possibility of an injunction
- Products potentially at risk
- Identifying inherent defects in the patent
- Maintenance fees
- Small entity status
- Written description
- Finding prior art and evidence of inequitable conduct
- Prior art that inventors or prosecuting attorney knew about
- Other sources of easily-found prior art
- Identifying other defenses
- Implied licenses/ exhaustion
The panel will review these and other key questions:
- How can counsel quickly gather ammunition for use in a pre-litigation conversation with a patent holder who has sent a patent notice letter?
- Once a lawsuit has been filed, which defenses are “low-hanging fruit” that can be formulated and supported with evidence quickly and cheaply?
- What strategies can counsel employ to develop strong defenses in a short amount of time?
Brent K. Yamashita, Partner
DLA Piper US,
East Palo Alto, Calif.
He is a patent litigator, with experience in computer hardware and software, hard disk drive, optical drive, storage systems, communication and mobile device technologies. He also prepares and prosecutes patents and reexamination petitions and regularly advises companies on IP issues.
Dr. Marc D. Peters, Partner
Morrison & Foerster,
Palo Alto, Calif.
He focuses on representing clients in litigation and counseling involving electronics, semiconductor, and computer-related technologies. His experience also includes representing clients in a variety of industries and in trade secret, antitrust, copyright, and trademark matters.
Lisa Launer, Director and Associate General Counsel
She is responsible for worldwide Intellectual Property litigation for Logitech Inc. and its affiliated foreign entities around the world. She is also a collaborator on worldwide patent strategy.
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Strafford’s program provided a good 'how to' checklist of common defenses to consider when a patent is asserted.
Justin A. Jernigan
Summa, Additon & Ashe
I liked the practical insights, particularly when tied to cases the presenters had worked on.
Strafford provided an enthusiastic presentation that focused on patent practice, not theory.
David H. Vance
Vance Intellectual Property
I was pleased with the timeliness of the subject matter and the collaborative approach among the presenters.
Caren M. Rempelakis
I enjoyed the webinar topic and being able to access the program via computer/phone.
Rose, Sundstrom & Bentley
Intellectual Property Law Advisory Board
Winthrop & Weinstine
Fulbright & Jaworski
Winston & Strawn
Feinberg Day Alberti & Thompson
Buchanan Ingersoll & Rooney
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