Emasculating Patent Trolls



About the Course:

Patent trolls are under attack.

As proposed legislation and governmental edicts do not clearly define what constitutes a patent troll, this webinar is vital for anyone asserting patents or defending themselves against accusations of patent infringement. This session discusses in great detail the actions that the following players are taking to emasculate patent trolls:

  • The Federal Circuit
  • The District Courts
  • Provisions under The America Invents Act
  • The International Trade Commission
  • The Federal Trade Commission
  • State Attorneys General
  • President Obama
  • The United States Congress

Whether you are a patent-holder or an alleged infringer, you are at a severe deficit if you don’t know the answers to questions such as:

  • How do patent trolls inoculate themselves from the risks of patent re-examination?
  • Why are manufacturers reluctant to share their prior art with their customers who are in receipt of demand letters?
  • Which steps should early troll case assessment include?
  • How can defendants make counterclaims against trolls based on Unfair Trade Practices?
  • How are patent trolls disadvantaged by limitations placed on e-discovery?
  • What is the expected impact of tightening standards for functional claims?
  • How might preemption thwart the efforts of State Attorney’s General to defang patent trolls?
  • What are some examples of rising standards for pleading patent infringement cases?
  • What are some of the triggers that could stay the discovery process?
  • What are the pros and cons of trying patent litigation before judges versus juries?
  • What are some of the difficulties that could arise in accusing patent trolls of malicious prosecution or tortious interference?
  • Which provisions under the America Invents Act relating to claim construction and invalidity standards render it easier to invalidate an asserted patent?
  • How has the America Invents Act ratcheted up joinder requirements?

Course Leader: Michael L. Kiklis, Partner, Oblon Spivak et al.

Mr. Kiklis focuses his practice on patent litigation as well as trials at the USPTO’s Patent Trial and Appeal Board. He frequently handles high-stakes matters, having been involved in several cases in which over $1 billion was at stake.

Mr. Kiklis has twenty years of experience as an intellectual property attorney and has been involved in numerous intellectual property disputes, ranging from cross-licensing and pre-litigation negotiations to full-blown, bet-the-company litigations. Mr. Kiklis has extensive experience in both enforcing his clients’ rights as well as defending his clients.

Mr. Kiklis is a frequent lecturer and author on cutting-edge intellectual property issues, including patentable subject matter under 35 U.S.C. S 101 as well as the new contested proceedings at the USPTO’s Patent Trial and Appeal Board. In fact, he is a co-author of the firm’s post-grant proceeding treatise.


Course Length: Approx. 1.5 hours

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