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Step 8: Trial Trial: Mainly by Jury More than 95% of patent cases are tried by jury. The parties may waive the right to a jury trial and have the court try the case, but such waivers are rare. In jury trials, must propose jury instructions. Presentation of the evidence is normally framed by opening and closing arguments. Live testimony is generally elicited from witnesses, both fact and expert, and each party can offer documents or physical items into evidence, generally through the testimony of the witnesses. Jury Trial: Part 1 The jury must have at least 6 and no more than 12 jurors. A typicalRead More →

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Step 3: Fact Discovery (RFPs, ROGs, RFAs, Depos, Subpoenas) Scope of Discovery The US legal system allows for extensive pre-trial discovery. Generally, a party is entitled to any information relevant to a claim or defense in the lawsuit. Documents or information falling within certain privileges, such as the attorney-client privilege or the attorney work product immunity, are immune from discovery. Discovery: Requests for Production (RFPs) No limit to the number of RFPs. Often exceed 100 per side. Patent litigation often involves the exchange of hundreds of thousands of pages. When patent litigation involves large corporations or many issues, document production surpassing 1 million pages is notRead More →

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Patent Infringement Litigation Overview   Step 1: The Pleadings (Complaint, Answer, Reply) The Complaint: Pre Suit Investigation A patentee must form a reasonable basis for bringing an infringement action. Failure to do so can lead to sanctions, including expenses and attorney fees. Patentees should obtain a prelitigation opinion that analyzes the strengths and weaknesses of alleged infringement and examines: Whether the competitor’s product or method infringes the patent (analyzes claim construction issues, tests the accused products and compares the construed claims to the device or process). Whether there are issues that cast doubt on the validity and enforceability of the patent. The Complaint: Parties Plaintiff(s)Read More →

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Overview Of US Law –Federal and State Federal laws enacted by US Congress Patents are exclusively governed by federal law. The principal source of federal law governing patents is Title 35 of the US Code. Common law system relies on judicial precedent. Federal court decisions interpret the statutes and, in some cases, create law themselves. For example, the doctrine of equivalents has no independent statutory basis. Federal Rules of Civil Procedure and the Federal Rules of Evidence apply in patent cases. In addition, many district courts have instituted local rules specific to patent litigation. State laws enacted by individual states State law has little orRead More →

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Recent Developments in Pharma and Biologics IP Law: A Discussion of Recent Cases Affecting Pharma and Biologics IP Law Topic 1: Cases Interpreting the Biologics Price Competition and Innovation Act (BPCIA) BPCIA – The Patent Dance Purple Book does not list patents. Instead, Biosimilars Act contemplates an initial exchange of information prior to potential patent litigation: Within 20 days of notice of FDA acceptance, a biosimilar applicant “shall” provide a copy of its aBLA and information describing the manufacturing process. Within 60 days later, the reference product sponsor “shall” provide a list of patents and identify patents it will license. • Within 60 days later,Read More →

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Non odit veritatis, debitis, minima nostrum nam iste. consectetur adipisicing elit. Ipsa quidem, iure placeat consequatur? Autem ut commodi facilis id, dolorum sit voluptate repudiandae non odit veritatis, debitis, minima nostrum nam iste. Read More →