Along with Covered Business Method patent review (“CBM”) and Post-Grant Review (“PGR”) to a much lesser degree, Inter Partes Review (“IPR”) has become a powerful tool for retailers fighting patent trolls. One of the key benefits of IPRs is that courts routinely, although not always, stay district court litigation pending the IPR’s outcome. But earlier
12th Annual Rocky Mountain Intellectual Property & Technology Institute
By R. David Donoghue on
Posted in Legal Seminars, Patent Trolls
At the end of this month, I will be heading to the Colorado Rockies for the Annual Rocky Mountain IP & Technology Institute. It will be my fourth year in a row attending and presenting at the Institute, which is consistently one of the two best CLE programs that I attend. I will be speaking…
Mini-Markmans & Early Depositions: Taking Control of Patent Litigation
By R. David Donoghue on
Posted in Patent Litigation Tips
The biggest issue retailers – really all defendants – face in patent litigation is the cost of defense. The cost in dollars, distraction and lost time, is significant. Because of that, trolls often set settlement demands based upon defense costs and defendants often settle instead of finding a defense, even a very strong one. Of …