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Recent Developments and Trends in Patent Litigation and Views from the Bench

Contains material from Mar 2016

Recent Developments and Trends in Patent Litigation and Views from the Bench
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All good presentations. Judicial panel insights on claim construction and fee shifting were helpful.

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Session 1: Fee Shifting – Will The Exception Become The Rule? - A discussion about what makes a case “exceptional” under 35 U.S.C. § 285 after Octane Fitness, including an analysis of developing trends, pitfalls and exceptions.
 
Session 2: Trends in Injunctive Relief - The availability of injunctive relief changed a decade ago with the Supreme Court's ruling in eBay. Explore recent developments in the application of the four-part test for injunctive relief, and the insights they provide to litigators.
 
Session 3: Judicial Panel - Distinguished judges discuss their experiences hearing and trying patent cases, with a focus on concurrent proceedings, stays, and IPRs.
 
Session 4: View from the Federal Circuit

Includes: Audio Paper Slides


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1. Fee Shifting – Will The Exception Become The Rule? (Mar 2016)

Gregory L. Hillyer

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(mp3)
41 mins
(pdf)
Part 1 – 19 pgs
Part 2 – 16 pgs
Session 1 —41 mins
Fee Shifting – Will The Exception Become The Rule? (Mar 2016)

A discussion about what makes a case “exceptional” under 35 U.S.C. § 285 after Octane Fitness, including an analysis of developing trends, pitfalls and exceptions.

Originally presented: Mar 2016 Advanced Patent Law Institute

Gregory L. Hillyer, Feldman Gale - Washington, DC

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2. Trends in Injunctive Relief (Mar 2016)

John Bruce Campbell Jr.

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(mp3)
44 mins
(pdf)
33 pgs
(pdf)
18 pgs
Session 2 —44 mins
Trends in Injunctive Relief (Mar 2016)

The availability of injunctive relief changed a decade ago with the Supreme Court's ruling in eBay. Explore recent developments in the application of the four-part test for injunctive relief, and the insights they provide to litigators.

Originally presented: Mar 2016 Advanced Patent Law Institute

John Bruce Campbell Jr., McKool Smith - Austin, TX

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3. Judicial Panel (Mar 2016)

Hon. Paul R. Michel, Hon. Ron Clark, Hon. T S. Ellis III, Hon. James F. Holderman

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(mp3)
62 mins
Session 3 —62 mins
Judicial Panel (Mar 2016)

Distinguished judges discuss their experiences hearing and trying patent cases, with a focus on concurrent proceedings, stays, and IPRs.

Originally presented: Mar 2016 Advanced Patent Law Institute

Hon. Paul R. Michel, Chief Judge, Retired, United States Court of Appeals for the Federal Circuit - Washington, DC
Hon. Ron Clark, Chief Judge, U.S. District Court, Eastern District of Texas - Beaumont, TX
Hon. T S. Ellis III, U.S. District Court, Eastern District of Virginia - Alexandria, VA
Hon. James F. Holderman, JAMS - Chicago, IL

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4. View from the Federal Circuit (Mar 2016)

Hon. Sharon Prost

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(mp3)
29 mins
Session 4 —29 mins
View from the Federal Circuit (Mar 2016)

Originally presented: Mar 2016 Advanced Patent Law Institute

Hon. Sharon Prost, Chief Judge, U.S. Court of Appeals for the Federal Circuit - Washington, DC