The patent litigation landscape has changed dramatically in the past few years. From the plaintiff’s perspective, patent litigation is a game of survival, responding to a never-ending wave of challenges to the validity of the patents. From the defendant’s perspective, the game has gone from subtle maneuvering to full on frontal assault using multiple weapons and multiple forums.
Early stage Section 101 motions for judgment on the pleadings combined with IPR or CBM filings are becoming more the norm than the exception. Section 112 Nautilus challenges and written description challenges are now part of most claim construction strategies for defendants. Successful patent defense litigator s are attacking early and often. The price for an early settlement exit is dropping. And at the end of the day, the risk has increased for plaintiffs due to a lower bar threshold to recover attorney’s fees.
Please join us on December 8, 2015 at noon when Kevin Kirsch, Partner at Baker & Hostetler LLP, will be speaking regarding strategies for successfully defending and asserting patent cases under the new and ever-changing law.
Please note: This meeting will be held at McCormick & Schmick’s Private Dining Room. Please enter through the Westin and proceed to the second floor.
To register, click here.