Litigation and Dispute Resolution
2013-01-10 How to Out-Nuisance a Bank Patent Troll
As financial institutions race to capture a portion of the increasingly popular online and mobile banking markets, they are going to be targeted by patent owners in litigations across the country. There are, however, approaches they can take to protect themselves and their customers.
2012-10-03 Economics and Logic of Patent Litigation Versus Post Grant/Inter Partes Patent Review
Shareholders Thomas Southard and Paul Prestia published their analysis of the economics of the new AIA procedures for PTO reconsideration of patent validity versus court-based validity challenges in the October 3 issue of the Legal Intelligence and in ALM’s online website. Their conclusion is that, once you get over the sticker shock of the new government fees, the PTO post grant procedures may be cost justified.
2012-08-17 Final AIA Rules for Post Grant Review, Inter Partes Review and Transitional Program for Covered Business Method Patents
Post Grant Review, Inter Partes Review and the Transitional Program for Covered Business Method Patents were instituted with the goal of improving patent quality by giving third parties methods to challenge patents that are less expensive and less involved than litigation.
2010-04-20 Beyond Decision Trees: Determining Aggregate Probabilities of Time, Cost, and Outcomes
Decision Tree Analysis facilitates complex decision-making. In addition to its use in commercial settings and economics departments, for example, “DTA” works well in the legal environment.
2009-12-21 How Reexamination Proceedings at the USPTO Impact the Strategy and Conduct of Patent Litigation
One of the significant developments to our patent system in the past 30 years has been the implementation of ex parte and inter partes reexamination.
2009-10-07 Juries May Have Less Say on Patentability
Lauren Schmidt joins Paul Prestia for his latest column in the Legal Intelligencer: Juries May Have Less Say on Patents. If you are a proponent of patents and the patent system and you think patents have gotten a rough ride from the Supreme Court in the last few years, brace yourself for another jolt.
2007-09-05 Liability for Foreign Manufacturing, and We Are Not Talking About Lead Paint
The flurry of Chinese-manufactured products brought under scrutiny lately has heightened our awareness about overseas manufacturing generally, but to date most of this concern has centered around product liability.
2007-04-01 Federal Discovery Rules Amended - No “Disk” Left Unturned
On December 1, 2006, the Federal Rules of Civil Procedure (FRCP) were amended to explicitly recognize that businesses have moved from the paper age to the electronic age.
2002-03-23 Is Litigation Manageable?
The Problem With Litigation Is That . . .