Defending A Patent Litigation: Knowing The Endgame

Law360, New York (October 31, 2008, 12:00 AM EDT) -- Patent infringement cases are among the most complex and challenging litigations in our federal court system. They cannot be defended effectively without a well formulated strategy. Although there are no hard-and-fast rules for defending a patent litigation, several guiding principles often determine a successful outcome.

A faithful application of these guiding principles results in reduced costs, effective e-discovery, credible expert witnesses and, ultimately, success at claim construction, summary judgment, and trial.

Litigating a patent case is similar to playing a game of chess, or writing a...
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