Patent Trolls Uprising: Tips & Strategies to Win the War Against Them
Amidst the Supreme Court's heightened efforts in strengthening the patent system, the alarming number of patent trolls continue to loom over the heads of innovative businesses. Companies, big or small, are being targeted by these trolls. Most start-ups fall victims to these trolls because of their inadequate resources and incapability to survive costly and time-consuming patent litigation. While the US top court persists in winning the war against these trolls by tightening patent suit rules, it is still crucial for innovators to watch out and understand the risks associated with patent trolling. Establishing effective defense strategies could also aid in curtailing these deceptive tactics.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will provide the audience with an overview of the latest trends and critical issues with respect to the rise of Patent Trolls. Speakers will also offer best practices in developing and implementing effective tips and strategies to win the war against patent trolls.
Some of the major topics that will be covered in this course are:
- The Rise of Patent Trolls
- Recent Court Decisions
- Emerging Trends and Critical Issues
- Significant Implications to Patent Owners and Businesses
- Defense Tips and Strategies
- Best Practices in Battling Patent Trolls
Neal Rubin, Senior Vice President
- The party with the best data wins, and precise data is now available to patent defendants. You can learn about the patent(s) in suit, who invented it, was it ever assigned, was it ever transacted, licensed, on what terms; how often does the judge grant stays pending resolution of IPRs, how often does the judge grant summary judgment motions, etc. Corporate defendants would be wise to obtain this data, which is easy to do, and which should then inform their case strategy.
- Today, patents can be bought or licensed on the open market less expensively than at any time in the last 7-10 years. Perhaps because of Alice motions, the America Invents Act, loser pays, or other changes in the law, the price of patents has fallen. This creates an opportunity to acquire patent rights that reduce the chances that you are in a suit, and reduce your exposure if you do get sued. Companies can join patent pools designed to create reasonable royalty rates for key technologies in their field of use. These comparable, in turn, help to reduce any damage award in the event you are found liable for infringement. For example, if patents covering similar technologies in your space can be obtained for, say, tens of thousands of dollars, plaintiffs will have a much harder time convincing a jury that their patents in suit are worth millions.
- Today, corporations that have had a history of patent claims can and should purchase patent insurance. Ten years ago, there was very little data on the price of patents or the cost of litigation. Today, all of that data is known and collected, allowing insurance companies to accurately price patent risk. Policies pay for 80% or more of attorneys’ fees and settlements, which significantly reduces the cost of lawsuits and, in many cases, minimizes disruptions to the business.
Herbert H. Finn, Shareholder
Greenberg Traurig, LLP
Mark P. Wine, Partner
- Effective handling of NPE/Troll cases in today’s environment depends on thorough preparation and research to understand the nature of the opponent.
- The IPR/CBM is the most effective tool we have in the arsenal of weapons to use against trolls.
- Second most effective tool for defense attorneys is probably the Alice/101 motion.
- Joint action is often an option in NPE cases.
- Don’t be afraid to walk away from a settlement if the numbers are beyond the range you agreed to with the client in the analysis and planning stage.
Who Should Attend:
- Patent Litigators
- In-House Counsel
- Patent Licensing Attorneys
- Patent Counsel
- Patent Owners
- IP Attorneys & Related Consultants
- Related/Interested Professionals
Neal Rubin is Senior Vice President at RPX Corporation. In that capacity, Mr. Rubin is responsible for helping RPX’s clients mitigate their intellectual property risk.
Prior to joining RPX, Mr. Rubin was Vice President of Litigation at Cisco Systems, where he was responsible for managing the company’s portfolio of commercial, intellectual property and employment litigation, as well as government investigations. In addition to hiring outside counsel and resolving litigation world-wide, Mr. Rubin counseled Cisco’s business units on ways to mitigate legal risk.
Before Cisco, Mr. Rubin was Assistant United States Attorney for the Northern District of California. He began his legal career with McCutchen, Doyle, Brown & Enersen (now part of Morgan Lewis & Bockius).
Mr. Rubin earned his JD in 1994 from the University of Southern California Law School and his BA in 1989 from Amherst College.
Neal Rubin is Senior Vice President at RPX Corporation. In that capacity, Mr. Rubin is responsible for helping RPX’s clients …
Herbert H. Finn is a Shareholder in Greenberg Traurig’s Chicago Intellectual Property Practice. He concentrates his practice on all aspects of patent, trademark and copyright law, both within the United States and internationally, with a particular emphasis on patent litigation before the District Courts of the United States, the U.S. Courts of Appeal for the Federal Circuit and the U.S. International Trade Commission (ITC). He has litigated and tried cases in technology areas that include medical products (including eye glasses and x-ray equipment), mobile communications devices, computer hardware and software, digital camera technology, Internet/networking technology, LCD technology, anti-theft prevention equipment, mass transportation seating, novelty gaming and shipping and product packaging. In addition to his vast trial experience, Herb has experience in obtaining and defending his clients' various intellectual property rights and in the negotiating of all types of agreements related to intellectual property including acquisitions, licenses, non-competes and non-disclosures.
Herbert H. Finn is a Shareholder in Greenberg Traurig’s Chicago Intellectual Property Practice. He concentrates his practice on all aspects …
Having tried 27 federal and state trials over the past 40 years, Mark Wine can charm any jury. A natural storyteller and affable teacher, Mark transforms complicated technology into compelling stories, and faceless corporations into engaging individuals. Mark applies the same friendly and confident style when leading his litigation teams, inspiring each person to strive for greatness, and thereby elevating the entire team.
Mark serves as Deputy Chair of the Global Intellectual Property Business Unit. Given his lifelong passion for technology, Mark is a natural fit for intellectual property litigation. He tries patent, copyright, trademark and trade secret cases for Fortune 500 companies throughout California, as well as international clients in Asia and Europe. He handles all phases of discovery, prior art research, pretrial, jury and bench trial work, post-trial motions and appeals before the Fourth, Seventh, Eighth, Ninth and Federal Circuits, as well as Section 337 proceedings before the ITC.
Having tried 27 federal and state trials over the past 40 years, Mark Wine can charm any jury. A natural …
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Method of Presentation:
Experience in patent law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About RPX Corporation
RPX Corporation (NASDAQ: RPXC) is the leading provider of patent risk and discovery management solutions. Since its founding in 2008, RPX has introduced efficiency to the patent market by providing a rational alternative to litigation. The San Francisco-based company's pioneering approach combines principal capital, deep patent expertise, and client contributions to generate enhanced patent buying power. By acquiring patents and patent rights, RPX helps to mitigate and manage patent risk for its growing client network.
As of June 30, 2017, RPX had invested over $2 billion to acquire more than 18,000 US and international patent assets and rights on behalf of over 325 clients in eight key sectors: automotive, consumer electronics and PCs, E-commerce and software, financial services, media content and distribution, mobile communications and devices, networking, and semiconductors.
About Greenberg Traurig, LLP
Greenberg Traurig, LLP (GTLaw) has more than 2,000 attorneys in 38 offices in the United States, Latin America, Europe, Asia and the Middle East and is celebrating its 50th anniversary. One firm worldwide, GTLaw has been recognized for its philanthropic giving, was named the largest firm in the U.S. by Law360 in 2017, and among the Top 20 on the 2016 Am Law Global 100. Web: www.gtlaw.com Twitter: @GT_Law.
Orrick is a leading global law firm with a particular focus on serving clients in the technology, energy and financial sectors. It is recognized worldwide for delivering the highest-quality, commercially oriented legal advice and fostering a culture of innovation and collaboration with our clients, among our lawyers and staff and within our communities. Founded in San Francisco a century and a half ago, Orrick today is named by Law360 as one of the "Global 20" leading firms. With approximately 1,100 lawyers across the United States, Europe and Asia, its platform offers clients a distinctive combination of local insight and consistent global quality across key market locations