March 2010

Tuesday, March 9, 2010 to Tuesday, March 9, 2010

This program is an introduction to patent litigation to litigators and others who have not done patent litigation but want to know how it is done and how it differs from other types of commercial litigation. In the program we will explore what makes patent litigation different, from the Rule 11 pre-filing investigation through the appeal to the Federal Circuit. We will explore who to sue and what is required to be in a complaint, the discovery needed in a patent case, and how it differs from other civil litigation. We will discuss disclosures of infringement and invalidity contentions, and the claim construction process at and leading up to the Markman hearing. We will discuss what is needed to prove infringement, and how a patent may be invalidated by prior art or rendered unenforceable by inequitable conduct. We will also explore what to expect at the trial, and the remedies available. We will also discuss alternative forums, including the International Trade Commission. And we will talk about appeals to the Federal Circuit, and how it and the Supreme Court are re-shaping patent law and patent litigation.