Nuts and Bolts of Patent Litigation
by Derek Gilliland of Nix, Patterson & Roach, LLP
This presentation will provide a general overview of the unique aspects of patent litigation. It will discuss what a patent is and how to obtain one. It will go on to discuss the aspects of litigation that are either unique or critical to patent infringement lawsuits. By the end of the presentation the listeners should have a good grasp of many of the general aspects of patent litigation so that if they become involved they will have a high-level understanding of what needs to be done and why. It is my hope that this approach will allow a novice to patent law to be comfortable working on his or her first patent case and will allow an experienced practitioner to gain an in-depth understanding of that will allow her or him to take an advanced role in handling a patent matter.
1) Introduction to patent law
a) Comparison of patents, trademarks, copyrights, and trade secrets.
b) How to read a patent.
c) How to get information from the USPTO.
2) The Complaint
a) Causes of action
b) Damages
c) Other remedies
3) The Answer and other Responsive Pleadings
a) Motions to dismiss
b) Motion to transfer venue
c) Affirmative defenses
d) Counterclaims
e) Motions for stays
4) Unique Patent Discovery
a) Infringement contentions
b) Invalidity contentions
c) Patent prosecution counsel
d) Protective Orders
5) Trial
a) Federal Judicial Center’s video
b) Exhibits
c) Demonstratives
d) Motions for directed verdict
e) Jury instructions