transcript   Transcript

The Unwritten Rules: Novel and Creative Strategies and Tactics in Patent Litigation

Recorded on: Nov. 28, 2017
Running Time: 01:02:03

Full Transcript:

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Taken from the Web Program Patent Litigation 2017: Advanced Techniques & Best Practices Recorded November 2017 in New York

The Unwritten Rules: Novel and Creative Strategies and Tactics in Patent Litigation [01:02:03]

Patent litigation is an expensive, complex, disruptive and potentially economically fatal undertaking. Even before a patent litigation begins, both potential plaintiffs and defendants must make numerous judgment calls. For plaintiffs, these decisions include the extent of pre-suit (Rule 11) investigations, which defendant or defendants to sue, whether to negotiate with the other side, choice of forum, whether to seek a preliminary injunction, whether to initiate a parallel ITC proceeding, how aggressively to pursue the case, and when to file dispositive motions. For defendants, issues include whether to negotiate, initiate a proceeding in the U.S. Patent Office, or file a declaratory judgment action, and when to file dispositive motions.
Common issues include the number and type of depositions to take (individual, Rule 30(b)(6) corporate designees and non-party), the timing of claim construction and the timing of dispositive motions. This session will feature a panel of experienced litigators who will discuss their views on the many judgment calls that must be made where there are no answers in the books.

Charles J. Monterio, Jr., Panel Leader; Cynthia Lambert Hardman, Margaret E. Ives, Andrew L. Schaeffer

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:

  • The Unwritten Rules: Novel and Creative Strategies and Tactics in Patent Litigation
    Charles J. Monterio, Jr., Margaret E. Ives, Andrew L. Schaeffer, Cynthia Lambert Hardman
Presentation Material
  • The Unwritten Rules: Novel and Creative Strategies and Tactics in Patent Litigation
    Cynthia Lambert Hardman, Margaret E. Ives, Charles J. Monterio, Jr., Andrew L. Schaeffer
    Cynthia Lambert Hardman ~ Goodwin Procter LLP
    Margaret E. Ives ~ Choate Hall & Stewart LLP
    Charles J. Monterio, Jr. ~ Blank Rome LLP
    Andrew L. Schaeffer ~ Corporate Counsel & IP Leader - Electronics & Communications Technology, DuPont Legal, E.I. du Pont de Nemours and Company
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