Strategies for Defending Intellectual Property (IP) Litigation

This 33-page research report written for intellectual property attorneys and clients features strategies for protecting a company's intellectual property. By describing the role effective attorneys play in an IP or trademark case"from first sitting down with the client to identify objectives to presenting methods to meet these objectives"the report provides key steps to developing practical strategies in patent or trademark litigation. Leading intellectual property lawyers present methods for identifying possible risks and rewards of engaging in patent litigation so as to best advise the client. The report shows how a good knowledge of a client's business and the details of a case, along with the ability to simplify these details for judge and jury, topped off by the attorney's knowledge of patent and trademark law, can greatly increase the chances of successful IP litigation.

Other topics include:

• possible red flags
• temporary restraining orders (TROs)
• preliminary injunction hearings
• oral arguments
• damages
• rocket dockets
• timeline of litigation
• frequent mistakes
• trade dress
• spoliation
• temporary or preliminary relief
• due diligence
• on sale bar
• expenses

This Executive Report is written by:

• Rod S. Berman, Esq., Chairperson, Intellectual Property Department, Jeffer Mangels Butler & Marmaro LLP, A Strategy for Defense;
• Mark Schonfeld, Partner and Co-Chair, Intellectual Property Group, Burns & Levinson LLP, Working With the Client to Achieve a Business Objective;
• Stephen J. Horace, Member, Lathrop & Gage LC, Trade Dress Litigation;
• Robert E. Browne, Partner, Neal, Gerber & Eisenberg LLP, Developing a Case for Litigation;
• James Dimos, Senior Partner, Locke Reynolds LLP, Sound IP Litigation Strategies;
• Jonathan G. Graves, Partner, Cooley Godward LLP, Patent Litigation;
• Clifford R. Jarrett, Partner, Kennedy Covington Lobdell & Hickman LLP, Navigating Claims of Patent Infringement;
• Kevin Oliveira, Shareholder and Partner, Odin, Feldman & Pittleman PC, Trademark Infringement

About Executive Reports:

Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.