February 2010

Thursday, February 11, 2010 to Friday, February 12, 2010

The substantial costs and uncertainty of patent litigation require the development of alternative case management strategies. With the emergence of contingency-based patent litigation and the proliferation of non-practicing entities or "trolls," patent reexamination, in many cases, is a cost-effective strategy for defendants seeking to derail a litigation or limit damage exposure. For example, an early filing of a reexamination may enhance the prospects of staying any related litigation. An active reexamination may facilitate settlement on terms favorable to the third party, create intervening rights, or provide new non-infringement and/or estoppel theories. Similarly, patent owners may leverage reexamination or reissue to inoculate patents from third-party attacks and/or to strengthen their patent portfolio in anticipation of litigation. This program provides comprehensive coverage of reissue and reexamination strategies and tactics with concurrent litigation. The program is taught by a faculty of judges, lawyers, and industry leaders who have earned national reputations in patent litigation and in post grant proceedings at the USPTO.