eCourse
Patent Infringement and Defense
Contains material from Nov 2018
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Session 2: Defending Against Willful Infringement in a Post-Halo World - With the changes resulting from the Supreme Court’s Halo opinion, there is additional importance placed on accused infringers in building a record that supports reasonableness of their decision to continue their accused operations. This often includes advice of competent counsel used to bolster the claim that they were not acting with subjective bad faith. Those using advice of counsel in defense of willfulness must be mindful of the scope of potential privilege waiver, and proactively take steps aimed at avoiding privilege waiver from extending to communications with trial counsel.
Session 3: Extraterritoriality: When Acts Overseas Create Liability under U.S. Patent Law - Despite language in 35 U.S.C. 271 limiting infringement liability for acts “within the United States”, depending upon the type of infringement and/or type of claim, liability can arise based mainly or completely on acts outside of the United States. Examine the meaning of “within the United States” and when liability arises for acts outside of the U.S.
Includes: Video Audio Paper Slides
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Brian C. Nash
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Session 1
—27 mins
Divided Infringement (Nov 2018)
Examine recent interpretations of the Akamai test and the impact on divided infringement cases.
Originally presented: Nov 2018 Advanced Patent Law Institute
Brian C. Nash,
Pillsbury Winthrop Shaw Pittman LLP - Austin, TX
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Ross Spencer Garsson
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Session 2
—47 mins
Defending Against Willful Infringement in a Post-Halo World (Nov 2018)
With the changes resulting from the Supreme Court’s Halo opinion, there is additional importance placed on accused infringers in building a record that supports reasonableness of their decision to continue their accused operations. This often includes advice of competent counsel used to bolster the claim that they were not acting with subjective bad faith. Those using advice of counsel in defense of willfulness must be mindful of the scope of potential privilege waiver, and proactively take steps aimed at avoiding privilege waiver from extending to communications with trial counsel.
Originally presented: Nov 2018 Advanced Patent Law Institute
Ross Spencer Garsson,
Dickinson Wright PLLC - Austin, TX
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Danielle Joy "DJ" Healey
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Session 3
—42 mins
Extraterritoriality: When Acts Overseas Create Liability under U.S. Patent Law (Nov 2018)
Despite language in 35 U.S.C. 271 limiting infringement liability for acts “within the United States”, depending upon the type of infringement and/or type of claim, liability can arise based mainly or completely on acts outside of the United States. Examine the meaning of “within the United States” and when liability arises for acts outside of the U.S.
Originally presented: Nov 2018 Advanced Patent Law Institute
Danielle Joy "DJ" Healey,
Fish & Richardson P.C. - Houston, TX