Page 5 - Intellectual Property

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Intellectual Property | MONDAY, APRIL 4, 2016 | S5

a permissive deinition of where a defen- ing product or process falls outside the
Law Journal Press
The Next Generation in Legal Research
dant “resides” allows plaintiffs to ile suit literal language of a patent claim. For a
in just about any district they choose. But decade, the doctrine of equivalents was
New York amendments to the venue statute made in in eclipse, partly because lawyers didn’t
Motion Practice the Federal Courts Jurisdiction and Venue know how to develop it, and partly because
Handbook & Forms
Clariication Act of 2011 arguably nullify VE the Federal Circuit made it so dificult to
Connecticut Florida Holding and restrict venue to a narrower assert. But it’s now creeping into more
2014
Employment Afirmative Defenses and Procedural set of permissible locations.
cases. And because the doctrine presents
l a. Coh
Law
library of D California
en
Objections
with FOrms
anie
If the Federal Circuit inds that its prec- issues of fact, juries often are needed to
insurance defense
forms
2014
edent from 1990 still stands, plaintiffs likely weigh in.
Pamela J. moore
Coddington, HiCks & danfortH
r. Wardell loveland, randolpH s. HiCks, riCHard g. grotCH, and Hyon M. kientzy, Joshua B. spector paul D. turner
editors
will continue to have the upper hand in Another issue that could continue to
NY_Motion_Practice_Handbook_&_Forms_Cover.indd 1
3/15/13 2:37:02 PM
venue ights. Under that scenario, corporate drive more trials is divergent views on
CT Employment Law_cover.indd 1 8/16/12 7:34:42 PM
FL_Affirmative_Defenses_Cover.indd 1
7/27/13 8:06:04 AM
defendants will have to pin their hopes on damages. While damages have always been
Congress if they want to change the venue important in patent cases, the numbers
Law Journal Press is well-known for publishing over 150 award-winning print and digital editions on a broad range of rules.
seem to keep getting bigger, and often, so
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But if the court reverses itself, the does the gulf between damages claimed by
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consequences for the practice of patent a plaintiff and those estimated by a defen-
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least, expect to see patent litigation cluster “gatekeeping” standards on competing
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Patent jury trials, once a dependable It’s Complicated
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facing signiicant threats. For one, we see like playing multi-dimensional chess. It’s
more and more cases decided on motions. not enough to know your next move in one
On top of that, of course, is the inter partes case. You have to see the whole board of
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lenge the validity of a patent than in federal multiple countries.
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The pharmaceutical industry has long
In some respects, fewer trials is a wel- been familiar with the internationalization
come development. It may signal that of patent litigation. For decades, pharma-

the patent system is becoming more ceutical companies have iled for patents
eficient.
in jurisdictions around the world and stood
But we in the patent trial bar often by ready to defend them if needed.
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Despite the pressures on patent trials, The increasing number of important
we see at least a couple of factors that may jurisdictions puts a premium on having a by John R. Liebman, Roszel C. Thomsen, II and James E. Bartlett, III

push cases to trial in the short term. The global strategy. The most effective teams
irst is the doctrine of equivalents, which are able to harmonize companies’ positions
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long dormant period.
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