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The Big Picture – Patent Litigation as Part of a Business Strategy

Recorded on: Nov. 20, 2018
Running Time: 00:58:56

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Taken from the Web Program Patent Litigation 2018: Advanced Techniques & Best Practices Recorded November 2018 in New York

The Big Picture – Patent Litigation as Part of a Business Strategy [00:58:56]

Patent litigation does not occur in a vacuum. For patent owners, it is typically part of a strategy to monetize a patent or patent portfolio or to attempt to exclude a competitor. For accused infringers, the goal is to continue to compete by avoiding an injunction, damages or burdensome royalties. On either side, a carefully thought-out strategy must be in place to maximize the chances of a successful outcome and to minimize risks, litigation disruption and costs. This session will cover the many types of strategic and tactical decisions that should be made before and during litigation. For patent owners, this includes pre-suit Rule 11 investigations, venue selection, whether to file a parallel ITC action, whether to seek an injunction, litigation financing and discovery strategies. For accused infringers, considerations include whether to file a declaratory judgment action, transfer motions in light of TC Heartland, whether to initiate a parallel PTO proceeding, defending against a charge of willful infringement, alternative dispute resolution and the timing of dispositive motions. The unique issues arising in litigation involving non-practicing entities (NPEs) will also be covered. A panel of experienced in-house and outside counsel will discuss these issues and how they fit into a comprehensive business strategy which is ultimately what patent litigation is all about.

Michael A. Berta, Eric Damon, Charles J. Monterio, Jr.

The purchase price of this Web Program segment includes the following article from the Course Handbook available online:
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Presentation Material
  • The Big Picture: Patent Litigation as Part of a Business Strategy
    Michael A. Berta, Eric Damon, Charles J. Monterio, Jr., Carol White
  • (s)
    Michael A. Berta ~ Arnold & Porter
    Eric Damon ~ Senior Counsel, IBM Cybersecurity Legal, IBM Corporation
    Charles J. Monterio, Jr. ~ Blank Rome LLP
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