Patent Litigation Risk Management Toolkit

In recent years, total annual United States patent grants have increased to over 300,000, while patent infringement lawsuit filings have exceeded 6,000 per year. Only a small fraction of granted patents ever end up in litigation. Of the many causes for the disparity is the growing awareness and sensitivity of companies to patent infringement risk management practices. This course addresses a number of those practices (and tools for implementing the practices), placing them into context, and providing a practical overview for how to implement them to help reduce the prospect of patent infringement litigation.

Participants will receive a basic working knowledge of various common, but most misunderstood, practices for reducing the risk of patent infringement litigation. The course will teach the role and significance of patent claims, address pragmatic record keeping practices, reveal ways to monitor competitive patent filings, explain common practical pitfalls in analyzing a patent landscape, and illustrate alternative ways that risk can be managed (e.g., by use of contracts).

What Will You Learn

By participating in this web seminar, you will be able to:
  • Identify causes why many companies end up in litigation
  • Discover ways to help avoid poor patent litigation outcomes
  • Expand existing practices to help avoid the risk of litigation in the first place

Is This Course For You

Small to mid-size company CFO's, as well as technology officers, engineering managers, patent liaisons, and in-house counsel for companies of all sizes will benefit from this course. These people will typically have at least five years of industry experience, and some may have two or three decades of experience.

This course complements the Patent Litigation in the U.S.: What You Need to Know web seminar, which focuses on what engineers and business managers need to know to effectively manage patent procurement, patent infringement litigation, and patent licensing.

Materials Provided

This data is not available at this time

Course Requirements

*Global toll-free telephone numbers are provided for many countries outside the U.S., but are limited to those on the WebEx call-in toll-free number list. Check here to see if your country has a global call-in toll free telephone number for this web seminar. If your country is not listed, you may still connect using the US/Canada Call-in toll number or Voice over Internet Protocol (VoIP).

Although WebEx Training Manager will automatically launch when you join the web seminar, you or your system administrator are encouraged to download the plug-in in advance to help ensure successful setup. Click here, then follow the onscreen instructions.

Topics

Session 1
  • Infringement: The Theme that Brings Us Together?
    • Patent statistics
    • Glossary of terms
    • Infringement and its consequences
  • Hypothetical Case: Fact Review
    • The market generally
    • The patent landscape for the market
    • The product sought for market entry
    • Perspective
  • The Tools in the Kit: For the Market Entrant and Existing Participants
    • Internal policies and practices
    • Prior art
    • Contracts
    • Patent applications/patents
    • Design arounds
  • Internal Policies and Practices
    • Intellectual property policy of company
    • Confidentiality obligations
    • IP Ownership obligations
    • Invention disclosures
    • Patent searches and competitive patent watches
    • Product clearance
    • Archiving internal activities
    • Sending and receiving accusations of infringement
  • The Role of Prior Art in Defining Boundaries in the World of Patents
    • Patents and non-patent literature
    • First inventor to file
    • Public accessibility requirement
    • Public use
    • Possible relevance of prior invention activities

Session 2
  • Contracts
    • Employment agreements
    • Nondisclosure agreements
    • Joint development agreements
    • License agreements
  • Patent Applications/Patents
    • Overview of patents
    • Utilitarian features
    • Ornamental features
    • International filings
    • Continuation/Divisional/Broadening Reissue Applications
  • Design Arounds
    • Lawful
    • Precautions
  • Toolkit Laboratories
    • The marketplace
    • Patent Offices
    • The Courts
    • Comparison of proceedings in Patent Offices and Courts
  • Summary