Patent Litigation — guides, checklists and articles
43 practical documents on Patent Litigation, newest first.
By document type
- Checklists (11)
- Guides (11)
- Articles (11)
- Toolkits (10)
Documents
- Litigating Claim Construction: A Practitioner's Guide to Markman Briefing, Experts, and Indefiniteness · Guide — Claim construction is where most patent cases are decided, and it runs on a procedural schedule that begins months before the hearing. This guide works it in…
- PTAB Petition Checklist: Grounds, Prior Art, Expert Declarations, and the Institution Decision · Checklist — A petition to the Patent Trial and Appeal Board is the entire case, filed once, under a hard statutory bar, with no discovery to fill gaps and no appeal from a…
- Claim Construction Toolkit: Terms, the Record, and Markman Strategy · Toolkit — Claim construction decides more patent cases than any other event, and it is decided almost entirely on documents written years earlier by people who were not…
- IP Appeals and Appellate Strategy Toolkit: Jurisdiction, Preservation, Standards, and Briefs · Toolkit — An appeal is a review, on a closed record, of specific rulings that were properly objected to at the time, conducted under a standard of review that in most…
- Assessing and Defending an Assertion-Entity Case: A Practitioner's Guide to Standing, Funding Discovery, Real Parties, and Fee Exposure · Guide — 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…
- IP Discovery and Source Code Review Toolkit: Holds, Protocols, Protective Orders, and Sanctions · Toolkit — The evidence that decides an intellectual property case was written by an engineer who had no idea it would be read in court. Whether it still exists depends…
- What the Claim Means: Markman Hearings, Intrinsic Evidence, and the Fight That Decides the Case · Article — Most patent cases are decided at claim construction rather than at trial. A single word construed one way produces infringement and construed another way…
- Filing or Defending an Inter Partes Review: A Practitioner's Guide to Petitions, Institution, and Estoppel · Guide — This guide runs an inter partes review from the day the complaint is served to the final written decision and its consequences, from both chairs. It covers the…
- Patent Litigation Toolkit: From Complaint to Judgment in Federal Court · Toolkit — A patent case is decided by a small number of events, and everything between them is expense. This toolkit runs a case from the complaint to the appeal, and…
- Patent Case Assessment Checklist: Standing, Venue, Prior Art, Exposure, and Budget · Checklist — The first ninety days of a patent case decide most of what follows, and almost all of the decisive work is cheap. This checklist runs the assessment in nine…
- Who Is Really Suing You: Patent Assertion Entities, Litigation Funding, and the Economics Behind the Complaint · Article — The economics behind a patent complaint determine how it will be litigated far more reliably than the merits do, and the first question in any assertion case…
- Cross-Border IP Litigation Checklist: Forum Mapping, Service and Jurisdiction, Section 1782 Applications, Evidence Transfer, and Judgment Recognition · Checklist — This checklist runs a multinational intellectual property dispute from the first commercial complaint to a global settlement, in the sequence the decisions…
- IP Discovery Checklist: Litigation Hold Scope, ESI Protocol Negotiation, Source Code Review Conditions, Privilege and Clawback Terms, and Production and Sanctions Risk · Checklist — A ten-phase working checklist for discovery in an intellectual property dispute, usable by either side. Phases one to three cover the preservation trigger, the…
- The Second Look: Inter Partes Review and How the PTAB Reshaped Patent Litigation · Article — Before 2012 a defendant who thought a patent was invalid had one forum and one standard: a federal jury, clear and convincing evidence, and a trial three years…
- Defending a Patent Assertion: A Practitioner's Guide to Venue, Stays, Early Motions, and Settlement · Guide — This guide runs the defense of a patent assertion from the demand letter to resolution, organized around the fact that most of these cases are decided by cost…
- Standard Essential Patent Checklist: Declarations, Essentiality Review, FRAND Offers, Rate Evidence, and Remedies · Checklist — This checklist runs a standard essential patent matter from the policy that created the commitment through the licence or judgment that ends it. It opens with…
- Coordinating a Multinational IP Dispute: A Practitioner's Guide to Forum Selection, Section 1782, Evidence Abroad, and Anti-Suit Relief · Guide — This guide takes a cross-border intellectual property dispute from the first commercial complaint to a global settlement, in the order the decisions have to be…
- Managing Discovery in an IP Dispute: A Practitioner's Guide to Preservation, ESI Protocols, Source Code Review, and Protective Orders · Guide — A step-by-step guide to running discovery in an intellectual property dispute from either side. It begins with the preservation trigger, the hold notice, and…
- Life Sciences Patent Toolkit: Hatch-Waxman, Biosimilars, and Regulatory Exclusivity · Toolkit — Life sciences patent practice runs on a statutory architecture that has no analogue elsewhere: an artificial act of infringement, an automatic stay triggered…
- Patent Infringement Contention Checklist: Element-by-Element Charting, Equivalents, and Indirect Theories · Checklist — Contentions are the most consequential documents in a patent case after the claims themselves, because they bind and they are served before the evidence…
- Where Patent Cases Are Fought: Venue, Standing, and the Economics of Assertion · Article — Where a patent case is filed determines how fast it moves, what it costs, and what it settles for, often more than the merits do. This article explains the…
- Licensing or Litigating a Standard Essential Patent: A Practitioner's Guide to Declarations, FRAND Rate Setting, and Injunction Limits · Guide — This guide runs a standard essential patent matter from the declaration decisions that create the position through the licence or the judgment that ends it. It…
- Two Courts, One Dispute: Parallel Proceedings, Anti-Suit Injunctions, and the Race to Judgment · Article — Intellectual property rights are national, and the products they cover are not, which means a single commercial dispute frequently becomes several lawsuits in…
- The Case Is in the Files: Electronic Discovery, Source Code Review, and the Evidence That Decides IP Cases · Article — The evidence that decides intellectual property cases is almost never created by lawyers. This article covers the modern discovery landscape — chat platforms,…
- Building or Defeating a Patent Infringement Case: A Practitioner's Guide to Claim Charts, Equivalents, and Indirect Liability · Guide — An infringement case is an element-by-element proof exercise, and it is won by the party with better technical evidence on the contested element. This guide…
- Patent Damages Checklist: Marking, Notice, Royalty Base, and Willfulness Evidence · Checklist — Patent damages are decided by a handful of documents that already exist and by three analyses that can be finished in the first month. This checklist runs the…
- Patent Assertion Defense Toolkit: Demand Letters, NPEs, and Cost-Effective Response · Toolkit — Most patent assertions are decided by cost rather than by merit, and the defense that works is the one built around that fact. This toolkit runs a defense from…
- The Promise You Made to the Standards Body: FRAND Commitments, Essentiality, and What a Patent Is Worth in a Standard · Article — A patent declared essential to a standard is worth something quite different from the same patent outside one, and the difference is a promise made to a…
- IP Appeal Checklist: Jurisdiction and Timing, Issue Preservation, Standard of Review Mapping, Record and Briefing, and Post-Decision Options · Checklist — This checklist runs an intellectual property appeal from adverse judgment to mandate, in the sequence the work must actually be done. It opens with the…
- Life Sciences Patent Litigation Checklist: Listing, Notice Letters, Stays, Exclusivity, and Launch Risk · Checklist — This checklist runs a regulatory patent matter for either side, from the listing decision to judgment or settlement, on the statutory timetable that drives…
- Proving Patent Infringement: Literal Reading, Equivalents, and the Limits of the Doctrine · Article — Infringement is the simplest question in patent law to state and the hardest to prove. Every limitation of a claim must be found in the accused product, and a…
- Proving Patent Damages: A Practitioner's Guide to Royalty Models, Apportionment, and Enhanced Damages · Guide — This guide runs a patent damages case from the first month to the post-verdict royalty, from both sides. It starts with the three analyses that fix the length…
- Patent Damages and Remedies Toolkit: Royalties, Lost Profits, Injunctions, and Enhancement · Toolkit — Patent damages are decided by a handful of documents that already exist and by three analyses answerable in the first month. This toolkit runs remedies from…
- Taking an IP Case Up on Appeal: A Practitioner's Guide to Preservation, Standards of Review, Briefing, and the Federal Circuit · Guide — This guide takes an intellectual property case from adverse judgment through mandate, in the order the work actually has to be done. It covers deciding whether…
- Running an ANDA or BPCIA Case: A Practitioner's Guide to Paragraph IV Notices, the Thirty-Month Stay, the Patent Dance, and Exclusivity · Guide — This guide runs a regulatory patent case from the listing decision through judgment or settlement, for either side, on the statutory timetable that drives…
- Claim Construction Checklist: Term Selection, the Intrinsic Record, and Proposed Constructions · Checklist — Claim construction decides most patent cases and it is worked on a schedule that starts months before the hearing. This checklist runs it in thirteen phases:…
- What a Patent Is Worth in Court: Reasonable Royalties, Lost Profits, and Apportionment · Article — A patent damages award answers a narrow question: what would the patentee have had if the infringement had not happened. The statute sets a floor of a…
- PTAB Practice Toolkit: Inter Partes Review, Post-Grant Review, and Parallel Proceedings · Toolkit — The Board is a second forum for validity, on a preponderance standard, with a fixed schedule and a hard bar, and the decision to use it is made in the first…
- Cross-Border IP Litigation Toolkit: Parallel Proceedings, Section 1782, Evidence, and Recognition · Toolkit — Intellectual property rights are national and the products they cover are not, so a single commercial dispute becomes several lawsuits in several countries…
- Assertion and Funding Checklist: Plaintiff Structure, Standing, Funding Disclosure, Privilege, and Fee-Shifting Evidence · Checklist — This checklist runs the defence of an assertion-entity case in the order the decisions actually arise, with the front-loaded steps that determine the cost…
- The View From Above: How Intellectual Property Cases Are Won and Lost on Appeal · Article — An appeal is not a second trial, and the single most consequential fact about appellate practice is that the questions available on appeal were decided months…
- The Dance Before the Drug: Hatch-Waxman, the Orange Book, Biosimilars, and Litigation on a Statutory Clock · Article — Life sciences patent litigation runs on a statutory timetable that most patent practitioners never encounter, and the timetable drives the strategy more than…
- Patent Assertion and Litigation Funding Toolkit: Plaintiff Structures, Funding, and Defence Economics · Toolkit — An assertion campaign is an economic exercise before it is a legal one, and the defendants who understand that settle for a fraction of what the ones who start…