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Why You Should Attend
Patent litigation is a high-stakes type of federal civil litigation governed by unique statutory law, case law and procedures. Successful patent litigation requires more than a comprehensive understanding of substantive law – it requires experience in the navigating the many obstacles that can result in bad outcomes and excessive costs. This program offers a faculty with extensive experience in all aspects of patent litigation who will offer guidance on how to effectively, efficiently and hopefully successfully conduct all phases of patent litigation, from pre-suit investigations, discovery, claim construction, trial and appeal. This program will focus on effective litigation practices in the context of the applicable substantive law rather than the substantive law itself. The faculty includes two Federal judges, one who will conduct a claim construction hearing and the other who will discuss effective appeals. This program will also include a session on ethics directed to ethical transgressions that can happen, and have happened, during litigation.
What You Will Learn
- Hear recent developments affecting patent litigation practice and case strategies, including venue post-TC Heartland and the disproportionate share of cases in the WDTX, the rise of damages, success rates in the courts and USPTO, Fed. Cir. reversal rates, and effects of remote proceedings
- Discover the evolving capabilities of artificial intelligence (AI) in discovery, as well has how AI interfaces with ethical obligations including attorney-client privilege
- Learn how to manage discovery to improve results and reduce costs
- Learn best practices in preparing claim construction arguments and conducting Markman hearings
- Understand the varied facets of trial preparation, including preliminary selection of themes, jury research, pretrial orders, witness selection, motions in limine, demonstrative exhibits, jury selections, jury instructions and trial and post-trial motions
- Learn about preserving issues for appeal and effective appeal strategies and arguments from an experienced practitioner and a Federal Circuit judge
- Understand the ethical issues that attorneys encounter at every stage of a patent litigation (Earn 1 hour of Ethics credit)
Who Should Attend
If you are a patent litigator/lawyer, general business litigator, patent prosecutor, or corporate counsel, attend this comprehensive program and hone your patent litigation skills in just one day!