Assessing and Defending an Assertion-Entity Case: A Practitioner's Guide to Standing, Funding Discovery, Real Parties, and Fee Exposure
By Casey Scott McKay ·
This guide runs the defence of an assertion-entity case from the day the complaint arrives to the fee motion at the end. It starts with the structure analysis that takes a day and determines everything after it, then the standing and chain-of-title review that can dispose of the case without reaching the patents. It works venue and transfer practice after TC Heartland, the joint defence group that inverts campaign economics, and the sequencing of eligibility motions and review petitions against the time bar. It sets out funding and real-party discovery, proportionality limits that flatten the cost curve, and the settlement model that prices the case against the structure rather than the merits. It closes with fee record building and collection.
IP and Technology > Patent Litigation | Guide | Published 4 June 2026 - Updated 23 June 2026 | Casey Scott McKay - marksy.us
Summary. This guide runs the defence of an assertion-entity case from the day the complaint arrives to the fee motion at the end. It starts with the structure analysis that takes a day and determines everything after it, then the standing and chain-of-title review that can dispose of the case without reaching the patents. It works venue and transfer practice after TC Heartland, the joint defence group that inverts campaign economics, and the sequencing of eligibility motions and review petitions against the time bar. It sets out funding and real-party discovery, proportionality limits that flatten the cost curve, and the settlement model that prices the case against the structure rather than the merits. It closes with fee record building and collection.
Keywords: assertion entity defence · structure analysis · corporate records · assignment chain review · standing challenge · substantial rights · venue motions · transfer practice · joint defence groups · cost sharing · eligibility motions · review petitions · time bar diary · real party in interest · funding discovery · proportionality limits · settlement modelling · fee record building · collection against shells · campaign monitoring
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