Dozens of critical aspects associated with managing international patent litigation are discussed in this comprehensive and superbly well-delivered seminar. The presenter brings focus to high-level strategic goals as well as provides a wealth of advice for managing a wide array of tactical issues necessary to achieve corporate goals. The course comes alive with war-stories from around the world, including from China, Russia, India, Romania, Brazil, South Africa, the United Kingdom, Germany, Hong Kong and other distant jurisdictions. A true tour de force.
The following are among the issues discussed relative to deciding how to manage patent litigation in a variety of venues:
- How do litigation costs vary in different countries? How long might the hearings and trials last? What level of live testimony is likely to be sought? To what extent may technical evidence be introduced?
- How do standing, filing requirements and discovery differ throughout the world? What are the differences in preservation requirements in foreign jurisdictions?
- How do pre-suit raids differ from one country to another? Where are related bonds required? Do such bonds cap liability?
- How might court costs be affected by the determination that an elevated value of the patents-in-suit is appropriate?
- What is hot-tubbing and where does it take place?
- Which jurisdictions offer bifurcation?
- How many judges may listen to the case? What is the relationship among the judges? What might be the relationship among the judges and the opponent? What level of experience might the judges have?
- Where should (threats of) litigation be directed in terms of an alleged infringer’s supply chain?
- In which jurisdictions are collateral attacks possible?
- To what extent are contingency lawyers, and litigation finance, options in various jurisdictions?
- Should suits be brought by foreign parent companies or domestic companies?
- How might the Mannheim two-step defeat injunctions in Germany?
- What are the penalties associated with failing to comply with injunctions?
- When are damages payable? After the initial verdict or when appeals are lost? How collectable are damages awards?
- What constitutes a decision’s finality in various jurisdictions? What permissions might be required for appeal? Can new theories be introduced on appeal? How many appeals may be permissible?
Course Leader: David L. Cohen, Founder, David L. Cohen, P.C.
David L. Cohen was admitted to the bar in New York State in 1999 and later in New Jersey, Washington, DC and before the USPTO. David’s hand-on experience includes strategic litigation planning; global project management; patent monetization; FRAND licensing; building and managing legal and IP teams; patent licensing and negotiations; global anti-trust; strategic patent and trade secret portfolio development and acquisition; and IT needs, strategy, & design.
Previously, David was the Chief Legal and IP Officer of Vringo Inc. where he created a world class in-house team that spearheaded an effective global monetization program and brought in over $40 million in licensing revenue while pioneering numerous cutting edge, global monetization and enforcement techniques.
Prior to Vringo, David was senior in-house counsel at Nokia Corporation, where he participated in or managed projects that generated over $1 billion in revenue. David also worked at the law firms of Lerner David and Skadden Arps and clerked for Chief Judge Carman of the Court of International Trade.