Patent Litigation: Formulating Infringement Positions Within the Scope of the Invention, Avoiding Untenable Positions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide patent litigators in understanding and recognizing untenable positions in patent infringement litigation. The panel will discuss how to formulate reasonable infringement positions that do not press patents beyond the scope of the invention and will offer strategies to navigate the claim interpretation process.
Outline
- Patent claims and specifications for the patent litigator
- Formulating reasonable infringement positions
- Staying within the scope of the invention
- Pitfalls
- Defending against patent suits
- Best practices
Benefits
The panel will review these and other high profile issues:
- What guidance can be drawn from court decisions regarding claim construction arguments?
- What steps can patent litigators take to avoid untenable positions that do not exceed the scope of a claim?
- What are best practices for defending against patent suits?
Faculty
Justin J. Hasford
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Hasford has experience in all areas of intellectual property law. His practice focuses on complex patent litigation... | Read More
Mr. Hasford has experience in all areas of intellectual property law. His practice focuses on complex patent litigation at the trial and appellate levels on behalf of pioneer pharmaceutical companies. He has particular experience with cases arising from Abbreviated New Drug Applications (ANDAs) under the Hatch-Waxman Act. Justin also has litigated antitrust cases and business method patent cases. He counsels clients on issues of infringement, validity, enforceability, unfair competition, licensing, due diligence, and IP portfolio management. He has extensive experience advising clients regarding the interplay between patent and regulatory laws, including Orange Book listing of patents for drugs approved by the FDA.
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Doris Johnson Hines
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International... | Read More
Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International Trade Commission, and before arbitration panels. She has argued a number of cases before the U.S. Court of Appeals for the Federal Circuit. She regularly represents clients in mediations and assists in licensing negotiations. She advises clients on strategic patent prosecution, monetization strategies for issued patents, and patent damages, including issues relating to standard essential patents and fair, reasonable, and non-discriminatory (FRAND) terms.
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Thomas L. Irving
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,... | Read More
Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. Mr. Irving has served as lead counsel in many patent interferences.
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Adriana L. Burgy
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Burgy focuses on opinion work, client counseling, patent prosecution and management, and litigation in the... | Read More
Ms. Burgy focuses on opinion work, client counseling, patent prosecution and management, and litigation in the chemical, pharmaceutical, and biotechnology arts. She counsels her clients on a diverse range of patent issues. She assists clients on single-patent issues as well as complex matters involving multiple patents and applications requiring ongoing advice on patent portfolio strategy and development, with an eye towards litigation. From a patent prosecution perspective, she has drafted and prosecuted numerous patent applications domestically and internationally, guided and advised clients on complex procedural and legal issues surrounding clients' patent portfolios, developed and implemented strategic prosecution in support of ongoing litigation, generated strategies for maximizing investment in patent portfolios, and facilitated the identification of high-priority applications within patent portfolios.
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