The Anatomy of A Patent Litigation: From Start to Finish

Patent litigation shares many similarities with other litigation in federal court, but there are specific procedures which are unique to patent cases. Join attorneys Amy B. Goldsmith and Alan Tenenbaum as they delve into the anatomy of litigating design and utility patents, from both the patent owner’s and alleged infringer’s perspectives. They will discuss pre-suit considerations, including determining the true objectives of the patent owner, whether immediate action is needed and against whom, in which venue the suit should be brought, and how the case will be funded.

From the defense side, they will review strategies for responding to a cease and desist letter, such as whether a declaratory judgment proceeding is appropriate or whether the asserted patents are invalid as abstract. Once the lawsuit is commenced discovery is paramount, and the focus turns to an in-depth analysis of the patent and preparing for the Markman hearing (where the scope of the claims are decided by the Court). Discovery is then completed, and the next decision point is whether to bring a motion for summary judgment or proceed to trial.

Learning Objectives: 

1. Understand when it’s appropriate to bring an action for patent infringement – and how to respond if your client is sued
2. Gain information and knowledge regarding why a patent case is different from every other type of litigation
3. Identify strategies for funding the litigation, such as:
   • Is insurance available?
   • Would a private funder be interested in the case?
4. Obtain practice tips to help your decision-making during a patent litigation