An Introduction to Patent Litigation


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Course Description

This program was recorded on March 8, 2018

This course introduces one of the key areas of intellectual property law—patent litigation. Learn what a patent is (different from other forms of IP, such as trademarks or copyrights), types of patent infringement and at a high level what is involved in infringement analyses. We’ll discuss challenges to patents based on invalidity or enforceability, as well unique aspects of patent litigation. Great for private and general practitioners looking to improve their ability to spot issues and advise clients when they need further expertise.

Speaker Bio
2 General CLE Credits
Course Agenda

Attorney David A. LoweDavid Lowe
David Lowe is a registered patent attorney and founding member of LOWE GRAHAM JONES PLLC. David has experience in all aspects of intellectual property law, both in the United States and in foreign countries. His current practice includes patent, trademark, and copyright procurement, with an emphasis on intellectual property litigation and related client counseling. David has extensive experience in dispute resolution, including mediation, arbitration and litigation. He is admitted to practice at all levels of federal court and in various states across the country. His technical background is in computer science and software engineering, and his patent practice includes the preparation and prosecution of computer software, electronic, business process, and mechanical applications. He received a Computer Science degree in 1991 from Brigham Young University and a law degree (with honors) in 1994 from the University of Washington. David is an active participant in the Inn of Court and INTA, and has been recognized as Washington Law & Politics Rising Star or Super Lawyer every year since 2007. He has authored a variety of articles on intellectual property topics and is a contributing author to the WSBA Civil Procedure Deskbook and the Washington Lawyers Practice Manual. David is a frequent CLE speaker on intellectual property topics and has served as a substitute professor at Seattle University School of Law, where he has taught Patent Litigation and Patent Prosecution.

Contact David Lowe

2 General Credits

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Course Agenda

  1. What is a patent
    1. Compared to other forms of intellectual property
    2. Utility patent
    3. Design patent
  2. Types of patent infringement
    1. Direct infringement
    2. Indirect infringement
  3. Patent infringement
    1. How is a patent infringed?
    2. Claim construction (Markman hearing)
  4. Patent validity and enforceability
    1. How is a patent invalidated
    2. Equitable defenses (estoppel and laches)
  5. Unique Aspects of Patent Cases
    1. Subject matter jurisdiction
    2. Personal jurisdiction and venue (T.C. Heartland and In re Micron)
    3. Declaratory judgment actions
    4. Appellate jurisdiction
    5. Choice of law
    6. Cease-and-desist/notice letters
    7. Remedies (injunctions, monetary damages, attorney’s fees)
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