The Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO) are reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this rapidly changing landscape. An experienced faculty will cover patent proceedings in a variety of different fora, including federal district courts, the U.S. International Trade Commission (ITC), and the PTO.
With respect to patent suits brought in federal district court and the ITC, you will learn essential practical details, such as how to prepare complaints and answers, where to initiate a patent litigation, and how to mount an effective defense. The program will also explore the claim construction process leading up to the Markman hearing, including the Federal Circuit’s evolving law of how patents should be interpreted. Learn what is needed to prove infringement and how a patent may be invalidated by prior art. Explore what to expect at trial and what remedies are available. With respect to patent challenges brought in the PTO, learn how inter partes review (IPR) is initiated, the types of patentability challenges that one can make, and the key procedural aspects of such proceedings.
What You Will Learn
- Overview of patents and how they are obtained in the PTO
- Patent enforcement actions in federal district courts and the ITC
- Challenging patents in the PTO through inter partes review
- Strategic considerations for how best to position a patent case for trial and appeal
- In-depth discussion of current topics and trends in patent litigation
- In-house perspectives on best practices in managing patent litigation