Protecting Your Company from the New Era of Patent Infringement Suits
Book Details
Author(s)Daniel Mcdonald
PublisherExecsense
ISBN / ASINB00AOBIOM6
ISBN-13978B00AOBIOM2
Sales Rank1,300,448
MarketplaceUnited States 🇺🇸
Description
Authored by Daniel McDonald, Attorney at Merchant & Gould
The number of patent infringement cases brought by Non Practicing Entities (NPEs) has exploded in recent years. Many suits are brought against software and cellphone companies who we think of as “high tech†companies. However, many more suits are brought against financial institutions, retailers, and other companies who may not be considered high tech but who use technology that leaves them vulnerable to patent infringement claims. These cases can cost millions of dollars in attorney’s fees alone, and can cost millions more in settlements or damages awards.
This chapter will address what an NPE case is, and how NPE cases come about. It also addresses how to minimize the risk of NPE lawsuits, and how to deal with them. Defensive tactics are discussed that can drastically reduce or eliminate the potential damages exposure. Some of the most cost-effective strategies are also addressed.
Moreover, Congress has passed a patent reform law that directly affects NPE lawsuits. How these changes affect NPE cases is addressed, as well as new weapons created by patent reform that benefit the defendants in these cases. After reading this chapter, businesses will learn new ways to fight back against NPE suits and reduce both their costs and risks, so that they can keep more of their time and money focused on developing new technology and growing their businesses. This chapter will also discuss cutting-edge strategies to counterclaim against NPEs, turning the tables.
For twenty-seven years I have exclusively practiced intellectual property law, focusing on litigation and trials. I have tried numerous patent infringement cases, both for patent owners and accused infringers, before juries across the country. The trials involved e-commerce, software, semiconductors, and other technologies. I have successfully resolved many other cases short of trial through summary judgment or settlement.
I have an electrical engineering degree from the University of Minnesota, and understand technology better than the vast majority of litigators. I have also successfully defended many high tech, software, financial, and other clients in NPE cases.
Moreover, our firm is well versed in both patent litigation in the courts and the procedures to attack patent validity available at the U.S. Patent and Trademark Office (PTO). PTO proceedings require attorneys who have technical degrees and who have passed the PTO registration exam, as have I. I have successfully invoked a PTO procedure called reexamination to invalidate several patents asserted against clients sued for infringement. Many firms do not have this capability and fail to invoke this process, which can be a potent weapon against NPE suits.
The number of patent infringement cases brought by Non Practicing Entities (NPEs) has exploded in recent years. Many suits are brought against software and cellphone companies who we think of as “high tech†companies. However, many more suits are brought against financial institutions, retailers, and other companies who may not be considered high tech but who use technology that leaves them vulnerable to patent infringement claims. These cases can cost millions of dollars in attorney’s fees alone, and can cost millions more in settlements or damages awards.
This chapter will address what an NPE case is, and how NPE cases come about. It also addresses how to minimize the risk of NPE lawsuits, and how to deal with them. Defensive tactics are discussed that can drastically reduce or eliminate the potential damages exposure. Some of the most cost-effective strategies are also addressed.
Moreover, Congress has passed a patent reform law that directly affects NPE lawsuits. How these changes affect NPE cases is addressed, as well as new weapons created by patent reform that benefit the defendants in these cases. After reading this chapter, businesses will learn new ways to fight back against NPE suits and reduce both their costs and risks, so that they can keep more of their time and money focused on developing new technology and growing their businesses. This chapter will also discuss cutting-edge strategies to counterclaim against NPEs, turning the tables.
For twenty-seven years I have exclusively practiced intellectual property law, focusing on litigation and trials. I have tried numerous patent infringement cases, both for patent owners and accused infringers, before juries across the country. The trials involved e-commerce, software, semiconductors, and other technologies. I have successfully resolved many other cases short of trial through summary judgment or settlement.
I have an electrical engineering degree from the University of Minnesota, and understand technology better than the vast majority of litigators. I have also successfully defended many high tech, software, financial, and other clients in NPE cases.
Moreover, our firm is well versed in both patent litigation in the courts and the procedures to attack patent validity available at the U.S. Patent and Trademark Office (PTO). PTO proceedings require attorneys who have technical degrees and who have passed the PTO registration exam, as have I. I have successfully invoked a PTO procedure called reexamination to invalidate several patents asserted against clients sued for infringement. Many firms do not have this capability and fail to invoke this process, which can be a potent weapon against NPE suits.
