1 / 8

Matching Procedures with Goals

Matching Procedures with Goals. C. Graham Gerst 312.241.1504 ggerst@giplg.com. Potential Goals of Small Claims Patent Court. I ntroduction. Eliminate strategy of patent suits brought for nuisance value Provide venue for enforcement of lower value IP. Nature of Patent Nuisance Suits.

piera
Download Presentation

Matching Procedures with Goals

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Matching Procedures with Goals C. Graham Gerst 312.241.1504 ggerst@giplg.com

  2. Potential Goals of Small Claims Patent Court Introduction • Eliminate strategy of patent suits brought for nuisance value • Provide venue for enforcement of lower value IP

  3. Nature of Patent Nuisance Suits Patent Nuisance Suits • Patent infringement claim (often based on weak infringement claim/likely invalid patent) to leverage cost of patent litigation for settlement • Nature of U.S. legal system • Nature of patent cases • Lessening problem? • Baby/bathwater problem

  4. Small Claims Court to Deal with Patent Nuisance Suits? Patent Nuisance Suits • Challenge 1: Plaintiff strategy • Respond with procedures/incentives to entice plaintiffs? • Challenge 2: U.S. Constitution (7th Amendment) • Cumbersome, difficult, and expensive to replicate • Almost impossible to force plaintiffs into that forum against their will

  5. Landscape Facing Meritorious Enforcers Inexpensive Venue for Enforcement • Expenses of assertion ($3-$10 million) • Even with contingency counsel, must fund experts • Damages law (and expense) • Lack of injunctions, even against competitors • Problem for U.S. economy

  6. Potential Solution Inexpensive Venue for Enforcement • Pilot program, single location, but accessible from around the country • Limited funding • Chance to experiment • Consent needed • Which cases? • Selection by plaintiff, but both parties must consent • No injunctions • Some limitation on damages available • Past damages versus going forward • Monetary amount • Evidentiary rule at district court

  7. Streamline Process to Lower Cost Inexpensive Venue for Enforcement • Specialized ALJs (consent needed) • Require involvement by lawyers – gatekeeper function • Extremely limited discovery – mandatory disclosures, with some discretion for additional written discovery • No e-discovery • Limit discovery of experts, loosen who is acceptable • No mandatory mediation • No multi-defendant suits • Shortened time for trial, with some discretion for ALJ • Appeal – need some second bite, but lots of deference • Enforcement of judgment by district court (a la arbitrations)

  8. Matching Procedures with Goals C. Graham Gerst 312.241.1504 ggerst@giplg.com

More Related