Over time, the world of patent litigation has lost
much of the civility. Attorneys conduct, and that of their clients, can reach a
level of hostility unmatched in other areas of litigation. No longer do
some attorneys treat their work as a profession with expectations, guidelines
and rules, but rather a business wherein the goal of winning is all that
This CLE will discuss best practices that retain
civility while maintaining the zealous advocacy necessary to represent their
clients. The panelists will lead a detailed discussion on the paradigm shift
from civility, and how it affects each aspect of the discovery practice.
Topics will include document production tactics, claim construction issues, use
of inequitable/unethical conduct allegations, reliance on opinions of counsel,
- Paradigm shift
Pushing the limit?
Collecting client's documents
- When to produce damaging
- Document demands on opposing side.
C. Allegations of unethical conduct by
opposing counsel – when/whether, and how, to make them
Allegations used as litigation strategy
D. Claim construction and
- Should you argue for far-reaching but potentially
supportable claim constructions?
- Using Inequitable conduct or
Unethical conduct before the PTO – should these defenses be used as stock
affirmative defenses in every litigation
- Reexamination proceedings
as a stock defense?
E. Issues of Intent and Reliance on
opinions of counsel
- Indirect infringement
- Reliance on opinion of counsel
Pushing for quick settlements
- Proper Valuations versus overreaching claims and ridiculous damages
- Contingency settlements – effect of contingency kickers
- Using litigation cost to
influence settlement, including filing of weak claims and seeking small
CLE Credits: 3 ethics
BBA offers CLE course materials in both electronic and print format.
Please remember to select your option during registration. If
you opt for the electronic version, a PDF link will be email to you prior
to the seminar. We encourage laptops and portable devices at the seminar, Free
WiFi is available in all conference rooms!