5-Hour Program

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Why You Should Attend

Patent Law Institute 2018 features detailed discussions by scholars, practitioners, and judges of the critical patent litigation issues of the day. Viewers will gain a deeper understanding of crucial Supreme Court jurisprudence affecting the Inter Partes Review system (Oil States) and patent litigation venue selection (TC Heartland). These breakout sessions also include a comparison of major international patent litigation venues around the world, emphasizing strategic considerations for coordinating international patent enforcement. Practitioners will benefit from discussions with seasoned damages experts regarding effective methods for presenting patent damages evidence at trial, and live judicial resolution of common discovery disputes. Finally, all patent lawyers will benefit from a discussion of the lesser known ethical issues faced by patent litigators in day-to-day practice. Presented in an engaging, streamlined format, these breakout sessions cover the patent litigation essentials of today — a must-see for patent litigators across the spectrum


Topics Include

Bowling for Dollars: Tips for Preparing and Presenting Patent Damages Evidence for Trial

  • Strategies for marshalling effective damages evidence during discovery
  • Techniques for presenting damages evidence to juries and judges effectively
  • Emphasizing core themes and incorporating storytelling into damages testimony
  • Cross-applying damages expertise on non-damages issues

Uncertain Future: Implications of Supreme Court Jurisprudence on Inter Partes Review

  • Constitutionality of Inter Partes Review in light of Oil States
  • The PTAB’s ability to determine which claims must be instituted
  • Evolving procedures for claim amendments before the PTAB
  • The continued role of the PTAB in patent practice

Navigating the Ethical Quagmire: A Patent Practitioner’s Journey

  • Spoliation under the updated Rule 37 standard
  • The ethical implications of third party patent monitoring
  • Unauthorized practice of law and the proper scope of pro hac vice practice
  • Client’s duty to perform patent searches
  • Inequitable conduct following Regeneron

Point Counter-Point: A Patent Practitioner’s Tennis Match with a Judicial Umpire

  • Common discovery tactics for both plaintiff and defense counsel
  • Judicial determination of disputed discovery issues
  • Practice points for perfecting a winning argument in the future
  • Discovery disputes worth fighting

Musical Chairs in Patent Venue: The Practical Implications of TC Heartland

  • Comparison of various venues for patent litigation suitability
  • Analysis of the effects of TC Heartland in practice
  • Review of various local rules benefiting patent litigation
  • Predictions of future “patent venues”

International Patent Litigation: A World Tour of Patent Enforcement

  • Comparison of major patent venues including U.S., Germany, China, and others
  • Review of remedies and the various methods for seeking them in foreign jurisdictions
  • Procedural restrictions and hurdles around the globe
  • Coordinating multi-national patent right enforcement strategies


Special Feature

  • Earn one hour of Ethics credit!


Who Should Attend

While the litigation tracks have a definite litigation focus, patent practitioners in all disciplines will benefit from the broad array of patent analysis by some of the field's top experts. Given the comprehensive analysis of Supreme Court jurisprudence, the focus on crafting trial-ready arguments, and the attention to coordinating litigation strategy more broadly, these breakout sessions will greatly benefit in-house counsel and outside counsel alike.

Credit Details