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The Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO) are constantly reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this rapidly changing landscape. An all-star faculty will cover patent proceedings in a variety of different fora, including federal district courts, the U.S. International Trade Commission (ITC), and the PTO. Whether you’re a novice or experienced patent litigator, you will find their insights valuable.
You will learn essential practical details about litigating patent suits in federal district court and the ITC, including how to prepare complaints and answers, where to initiate a patent litigation, and how to mount an effective defense. Understand the claim construction process leading up to the Markman hearing and the Federal Circuit’s evolving law of how patents should be interpreted. Assess what is needed to prove infringement and how a patent may be invalidated by prior art. Explore what to expect at trial and what remedies are available. Learn how to bring patent challenges at the PTO, including how inter partes review (IPR) is initiated, the types of patentability challenges that one can make, and the key procedural aspects of such proceedings. Learn about various ethical rules that govern patent litigation and hear from in-house attorneys regarding their perspectives on managing patent litigations and the development of patent portfolios.
What You Will Learn
- Overview of patents and how they are obtained in the PTO
- Fundamentals of the law concerning how patent claims are interpreted
- Patent enforcement actions in federal district courts and the ITC
- Challenging patents at the PTO through inter partes review
- Strategic considerations for how best to position a patent case for trial and appeal
- In-depth discussion of current topics and trends in patent litigation, including the impact of COVID-19 on how patent cases are litigated
- In-house perspectives on best practices for managing patent litigation and the development of patent portfolios
- Ethical considerations in litigating patent cases
- Earn one hour of Ethics credit