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IP Chat Channel – AIA of 2011 (Patent Reform)

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Multi-Defendant Patent Litigation under the AIA: Looking Ahead to Trial

Webinar Date: 08/06/2013

Like a train that has just set out on a newly-laid track, patent litigation so far under the AIA has visited only the first few stops on the line. Plaintiffs can often no longer file one complaint targeting multiple defendants, but the impact of that anti-joinder provision has been dulled so far because similar individual suits brought by one plaintiff have been consolidated by courts for pre-trial matters.

There are still many stops on the route of litigation that have yet to be visited. This webinar will consider the case management issues that plaintiffs, defendants and judges will face as post-AIA cases move through discovery, Markman hearings, dispositive motions, pre-trial conference, trial, appeal and post-grant proceedings. For instance, will judges force the defendants to coordinate motion practice, or will plaintiffs have to face ten different summary judgment motions to dismiss? Because infringement trials will not be consolidated under the AIA, plaintiffs have difficult choices ahead. Will they want to put the validity of the patent at risk in ten different trials? Or will the judge allow one coordinated trial for validity? What are the pros & cons of one defendant joining another defendant’s petition for inter partes review?

Speakers:

  • Cedric DeLaCruz, The Hartford
  • Hon. Roderick McKelvie, Covington & Burling
  • Ronald Schutz, Robins, Kaplan, Miller & Ciresi