Difference between revisions of "Guide to Patent Litigation"
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# Trial by jury (6-12 jurors) begins and provides a final judgment if a settlement or dismissal has not occurred. | # Trial by jury (6-12 jurors) begins and provides a final judgment if a settlement or dismissal has not occurred. | ||
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==Content== | ==Content== | ||
Revision as of 12:21, 21 June 2016
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Abstract
The Wiki Page will run through the steps of patent litigation.
Litigation Timeline
- Complaint is filed by the plaintiff alleging patent infringement of one or more patents.
- Defendant may file a transfer motion.
- Defendant is then able to serve an answer to the complaint and assert counterclaims.
- After the meeting of counsel, discovery of facts and expert testimony.
- Motions may be filed.
- Pretrial briefing occurs.
- Trial by jury (6-12 jurors) begins and provides a final judgment if a settlement or dismissal has not occurred.
Content
[1] American Intellectual Property Law Association reported in 2009 that the median cost of a patent infringement suit was 650,000 if less than 1 mil was at risk; 2.5 million if 1 mil to 25 mil at risk; 5.5 million if more than 25 mil at risk.
- More than 95% of patent cases resolved before trial
“Typical patent infringement lawsuit begins with complaint filed by patent owner in a US district court. Complaint identified alleged infringers, and the US patent or patents alleged to be infringed.”
- Usually includes a brief statement of the alleged infringing act
- Doesn’t identify specific products or processes that are accused of infringement
- Average time from filing a case to judgement is 33 months, or 2 years 9 months
Some districts (northern district of CA, Eastern district of TX) have local patent rules that require plaintiffs to identify the specific claims being asserted, and specify where each limitation of each asserted claim is found in each accused product.
