This one day event is designed to provide cutting edge information regarding key general counsel functions including legal department management, intellectual property strategies and proactive options to data protection. These ongoing corporate and legal challenges will be analyzed in light of how to identify and apply solutions that foster efficiency, compliance, and brand protection.
Keker & Van Nest Partners Brian Ferrall and Christa Anderson will present “Critical strategic considerations at the outset of patent litigation defense.” After making the essential disclosures to executives and the board, putting document hold procedures in place and considering indemnification or insurance, you and your outside counsel need to turn immediately to two questions that will shape the remainder of the case: who do I want to decide this case? and, if a jury, how will I tell a story that creates jury sympathy for the client? As to the first question, we will focus on evaluating the wisdom of new Patent Office procedures that challenge patent validity. As to the second question, we will focus on how to prepare from the outset evidence that may overcome the inherent jury presumption that the patent holder is the innovator and the defendant the copier. Ultimately, these questions need to be explored in tandem since no outcome is guaranteed and the fruits of any PTO effort may foreclose arguments before the jury.
For complete information, please visit the ALM website at this link.