Who’s at Risk, Cause & Effect, Wait Until Youre Sued IT EXPO SUITS IP Breakout Conference Todd L. Juneau Registered Patent Attorney
Patent Claims• Patent claims are the most important part of a patent application.• A patent application is similar to a research publication: o abstract o background problem o hypothesis and methodology o materials and methods o results o discussion o conclusion: EXCEPT it also includes CLAIMS.
Type of Claims• Device Claims o the most valuable type of claim o It provides for the largest monopoly o the ability to stop others from making, using, selling, and importing.• Use Claims o ideally claiming a single bottleneck step o use claims are a challenge o are often not worth as much o They only allow stopping others from one of the four rights.
Claims Examples• One-click claims o Amazon or eBay o Was the click offshore (and not an infringement)?• USB as example o standard 8-pin plug o compatible with /drivers for 137 devices o 5 V power supply o universal plug(s)
Contingency Fee Litigation• Law Firms• Law Firms + 3rd Party Investors• Corporations• NOTE: Your lawyer is no longer your lawyer: waiver of conflict of interest requirement• Litigation fee costs o It depends on whether plaintiff or defendant o It is possible to litigate for $3000-$5000/month
Patent Industry StatisticsMedian Patent Litigation Costs
Patent Litigation - Considerations for Decision-makers – Top Ten Largest Patent Awards – Patent Damages by Industry – Patent Damages by Industry by Amount – Overall Patent Litigation Success rate by Industry – Success Rate By Industry by NPE or PE – Time to Trial by Location – Court Rankings – Overall Success RateCourtesy of PWC at http://www.pwc.com/us/en/forensic-services/publications/assets/2011-patent-litigation-study.pdf