Recent Developments in US Patent Litigation Law

Terrence McMahon, partner, head of the worldwide Intellectual Property, Media & Technology Department, McDermott Will & Emery

Patent litigation in the United States is a complex and changing environment. The United States Supreme Court over the last several years has changed the landscape and has not necessarily added to predictability. Mr. McMahon, a US patent trial lawyer, will discuss recent developments in patent litigation law. He will also describe the course of a patent law suit in District Court from both the perspective of the plaintiff and defendant including pre-filing considerations, choice of venue, the analysis of the claim, filing the complaint, discovery, claim construction, motion practice, trial and appeal. From the defendant's perspective he will discuss initial claims of infringement by letter or complaint, claim analysis, consideration of counter-attack, the filing of the answer and counter-claims on through discovery, trial, and appeal. Finally, the presentation will include a discussion regarding International Trade Commission litigation and the considerations that one must weigh in deciding to purse a matter in District Court versus the ITC.