The articles in this AtLaw edition by Stephanie Scruggs and Sid Pandit speak to a due care standard which has evolved generally for business litigation in the federal courts but has special application to patent cases. This new standard appears to be the logical and inevitable response of the federal courts to the experience of at least two decades of business litigation which has too often been unduly expensive and the result of inadequate lawyer evaluation and preparation.

Let’s face it, any litigation is expensive. Patent cases tend to be even more costly based on the technical issues involved. So, not only should you strive to find counsel that fits your case to a “T”, you (and your legal counsel) should know the ins and outs of your case before filing to avoid sanctions, eliminate surprises, and generally improve your likelihood of success. As outlined below, exceeding requirements in pre-filing investigations for patent infringement cases is worth the time, effort, and cost.

With the decline of the economy, many companies have sought to leverage their existing assets to generate additional revenue, which often means looking to their patent portfolio for potential licensing opportunities. Indeed, many Fortune 500 companies generate revenue in exactly this manner. However, don’t expect potential licensees to roll over and accept the imposition of licensing fees. Companies are loath to pay these fees unless they strongly believe that their likely alternative – litigation – would be more costly and/or would have little chance of success.

Depending on the subject matter, a patent application may take years before it is even first considered by an examiner at the United States Patent and Trademark Office (USPTO). However, if the following guidelines for Accelerated Examination are followed, the USPTO will examine a patent application out of turn and provide a patentability decision within 12 months.

Our IP litigation practice takes us around the country. Our most recent cases include the following.

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