Multi-Party Patent Litigation After the America Invents Act

November 13, 2011

I have revised a set of slides from a panel presentation from an IPO webinair I participated in on November 8, 2011.  The topic is multi-party patent litigation as impacted by the new Section 299 of Title 35 of the United States Code: Limiting joinder of defendants in a single patent suit.  The slides also touch on changes to Federal Circuit jurisdiction in Title 28, as well as other changes to be implemented over time in parts of Title 35 (false marking, post grant and inter partes review, virtual marking, best mode, etc.).  These slides raise points for consideration and discussion among business people, lawyers, academics and others, but do not predict how the law will develop over time:  Presentation on AIA’s Impact on Multi-Party Patent Litigation

Filed under: 28 U.S.C. 1407 (MDL Statute),antitrust,choice of forum,damages and remedies,false marking,Federal Circuit,joinder of parties,Leahy-Smith America Invents Act,litigation planning,Multi-District Litigation,standard-setting,strategy,USPTO


1 Comment Leave a Comment

  • 1. Henry  |  November 23, 2011 at 1:35 pm

    Patent Litigation is a classic David-versus-Goliath battle. When the plaintiff is a small business or an individual, and the defendant in the patent litigation is a large corporation with virtually unlimited resources, it is simply not a fair fight.

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Dave Healey

Dave Healey

Dave's Bio

I am a principal in the Houston office of Fish & Richardson, a leading global intellectual property law firm. I have been practicing law for twenty-five years, specializing in patent lawsuits. During that time, I have watched IP become more important than ever as a business asset. And I’ve gained some perspective on the best way to protect and exploit IP assets. I hope my ideas offer a unique perspective, and help you create your own practical solutions.

The ideas and opinions on this blog are my own as of the time of posting, have not been vetted with the firm or its clients, and do not represent the positions of the firm, its other lawyers, or any of its clients. None of these posts is intended as legal advice and if you need a lawyer, you should hire one. If you make a comment on the post, the comment will become public and beyond your control to change or remove it.

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