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The Anatomy of A Patent Litigation: From Start to Finish

(261 Ratings)

Produced on: October 26, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 93 minutes
Difficulty Advanced

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


Amy Goldsmith

Tarter Krinsky & Drogin LLP

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.

She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.

She is a Vice President of the New York Women's Bar Association. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.

Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.

Alan Tenenbaum

Tarter Krinsky & Drogin LLP

Alan Tenenbaum concentrates on intellectual property litigation and counseling. He represents clients throughout the United States and before the International Trade Commission in patent, trademark, unfair competition and commercial litigation matters. He has experience with a wide array of technologies, including pharmaceuticals, chemicals, medical devices, hardware and software, e-commerce and business methods, and consumer products. 

Applying business solutions from a legal perspective, Alan works with clients to identify, protect, manage and monetize core technology, brands and other proprietary rights. In addition to negotiating agreements and complex intellectual property transactions, Alan also effectively provides counsel to clients who seek to avoid disputes and resolve them without recourse to litigation. 


Eve L.

Excellent and very thorough explanations.

Maria P.

Great work.

Jeffrey M.

Very intense

Mary Jane D. O.

Very worthwhile. I am a patent attorney who has done mostly patent prosecution and I found this presentation to be a very helpful overview of the litigation side of representing a patent client.

Norajean M.

I liked the 2 person format/interaction

Bobby P.

Excellent overview!

Craig L.

Best Webinar format I have attended. Multi use windows allowed great flexibility. This should have been a 2-1/2 hour course.. Really good content, particularly towards the end. The materials at the end allowed for after-course learning with concise vectors and useable practice points. I would have spend double for double the time.

Amy L.

I would absolutely take another CLE from them. Please consider doing a similar course on "Anatomy of Discovery in Patent Litigation"

Joseph L.

Dry subject matter, but engaging speakers. Would recommend.

Jundong M.

The presentation is very good!

Carolyn S.

Good presentation

Earl B.

good update

C Scott M.

very informative. could have been 2 hours.

David D.

Goldsmith was excellent.

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