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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