News

Baker Botts, L.L.P. New York Office Offers Continuing IP Legal Education Opportunity In Conjunction With Association Of Corporate Counsel

Protecting Your Company Against
The Growing Menace Of "Junk Patent" Assertion

8:00 a.m., Tuesday, November 1 (Continental breakfast reception begins at 8:00, program runs 8:30-10:30)

On an ever-increasing basis, companies operating in the United States market have found themselves the target of "junk patents," or patents asserted by so-called "patent trolls" having no business operations at all apart from patent assertion and litigation. These "trolls" are viewed by many as manipulating the U.S. litigation system by misusing the threat of significant litigation expenses and damages to extract an in terrorem settlement based purely on the defendant's desire to avoid litigation costs or excessive jury awards, and not on the merits.

This two-hour program, offered in conjunction with the Association Of Corporate Counsel ("ACC"), will be hosted by Robert C. Scheinfeld, head of Baker Botts, L.L.P.'s New York I.P. Section. Mr. Scheinfeld will be joined on the panel by David T. Cunningham, Senior Patent Counsel for Hitachi America, Ltd., who will provide corporate I.P. counsel's perspective on recent developments in large scale assertion of patents by holding companies and others commonly characterized as "trolls." The program is intended to provide a primer for corporate counsel who are (or inevitably soon will be) confronting patent trolls and their junk patent portfolios, and will include a discussion of typical troll tactics in selecting, targeting, and trying to extract a settlement from potential defendants, as well as the implications for your business and legal strategy. We will also present short-term and long-term defensive and counter-offense strategies that may be used to minimize the negative effects of the junk patent boom upon your company. Attendees will receive 2.0 hours of New York State C.L.E. credit for this program, including 0.5 hours of ethics.

Space for this program is limited. Please contact Toni Gilbert at (212) 408-2619 for more information or to inquire about attending.

Articles

How To Evaluate And Select Venue To Gain A Strategic Advantage
In Patent Litigation

Ryan Loveless

Statistics show that venue -- where a case is adjudicated -- often plays a critical role in the outcome of patent litigation. A key question for patent litigants thus becomes: what factors should be considered in selecting venue -- in either an original selection of venue or in seeking a transfer of venue? This article discusses several factors that should be considered, including patent litigation statistics such as speed to disposition, patentee winning percentages, statistics on the dismissal of cases by particular methods, and venue transfer statistics. Other potentially-important factors the article discusses include regional biases, local patent rules in particular districts, and a court's and/or judge’s experience in handling patent cases. Read More...

Holding Patents Hostage?  The Need For HIV/AIDS Drugs In Poor Countries Threatens The Health Of International Patent Protection

Elizabeth Durham

On June 24 of this year, the Brazilian government enacted legislation that would override Abbott Laboratories’ patent on Kaletra®, an anti-retroviral drug used to treat HIV and AIDS, and would enable generic production and sale of the drug at nearly half the price that Abbott currently charges. Abbott was given ten days from that date in which to respond to this legislation and enter negotiations with Brazilian health officials to reduce the price at which Kaletra® is sold in the country. Preliminary agreements on price reductions and technology transfer programs have been proposed, but no binding agreement has been reached as of the date of this article. Read More...

IP Spotlight

		Jeffrey Sullivan
		Jeffrey Sullivan is a partner resident in the New York office of Baker Botts.  Mr. Sullivan has helped numerous companies with the implementation of comprehensive patent protection programs. This work typically involves counselling clients on what to patent and helping guide domestic and international patent prosecution efforts.  A significant part of his practice involves the drafting of patent validity and infringement opinions.  Additionally, Mr. Sullivan litigates IP cases nationally in both bench and jury trials.  Patents he has litigated have covered subject matter including semiconductor fabrication, Internet commerce, and flash memory cards.  Mr. Sullivan is a frequent speaker and writer on intellectual property-related issues.  He routinely travels to Asia and Europe to consult with clients on navigating the United States patent system.

The materials in this document are made available by Baker Botts L.L.P. for informational purposes only and are not legal advice. The transmission and receipt of information contained in the document do not form or constitute an attorney-client relationship. Persons receiving the information in this document should not act upon the information without seeking professional legal counsel. The materials in this document may not reflect the most current legal developments, verdicts or settlements, and should not be considered an indication of future results. If these materials are inconsistent with the rules governing attorney communications in a particular jurisdiction, and the materials result in a client contact in such jurisdiction, Baker Botts may be prohibited from assuming representation of the client contact.

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