What Happens in a Patent Lawsuit?

Presenters:
John Strawn, S Systems Inc. - Larkspur, CA, USA
Thomas Millikan, Perkins Coie LLP - San Diego, CA, USA

This session covers the mechanics of patent lawsuits and what you can expect when you are involved, whether you are an owner, manager, engineer, or employee. We will cover the basic steps including: starting a lawsuit; proving a product infringes a patent, proving a patent is invalid, using experts to show infringement or invalidity; deposing experts and company personnel; asking the judge to end the case; limiting what information is available at trial, and trying a case. There will be a detour through the recently established procedures to challenge patents at the patent office rather than in court. The presentation will involve real-world experience, including our work in what was the largest audio patent case in US history (Lucent v. Microsoft) where the MP3 standard itself was on trial for patent infringement. We will present information on how often and at what stage cases settle, as most do. And we will share insights on how to win.