Strategies for Defending Against NPE Suits

Thomas J. Bean and Wendy R. Stein explore current trends in NPE patent litigation, potential strategies for responding to NPE suits and pending legislative reform.

Learning Objectives:

I.    Understand current trends in NPE patent litigation before the district courts 

II.   Learn potential strategies for defendants responding to patent suits brought by NPEs 

III.  Review recent trends in motion practice by defendants challenging NPE patent eligibility under 35 U.S.C. § 101 

IV.  Evaluate post-grant proceedings before the USPTO as a potential defendant response to NPE suits

V.   Recognize potential impact of legislative reform on future trends in NPE patent litigation