1. WISACCA – 2014 Annual Conference
Patent Litigation 101
Presented by: Kenneth Lemke – Briggs & Stratton Corp. Toby Reynolds – Hansen Reynolds Dickinson Crueger LLC
WISACCA – 2014 Annual Conference
May 15th & 16th

2. Patent Litigation Facts and Figures
Average Legal Costs Defending Patent Case ($Millions)
Median Damages Award
$4,900,000

3. Phases of Patent Litigation
Pre-Litigation (Saber-rattling)
Plaintiff
Investigate Accused Product(s)
Cease and Desist Letter
Defendant
Evaluate Patent and Potential Defenses (non-infringement/invalidity)
Evaluate Parallel Proceeding Options before the U.S. PTO
(Inter partes review (pre-AIA), Post-Grant Review (AIA), CBM review)
Initiation of Litigation
Venue Choice – “Rocket Docket” vs. Local
File Complaint / Move for Preliminary Injunction
File for Declaratory Judgment (non-infringement/invalidity)
File Parallel Proceeding with U.S. PTO and move for stay

4. Phases of Patent Litigation (cont’d)
Discovery
Plaintiff & Defendant
Compliance with discovery can overwhelm businesses
Substantial “soft” costs – time and effort taken from business activity
Motion Practice/ Pre-Trial Activity
Claim Construction – Markman hearing
Summary Judgment of Validity
Summary Judgment of Infringement
Trial
Complex technical issues for juries and sometimes judges
Reliance upon expert testimony (“Battle of the experts”)

5. At the Heart of Every Patent Case…
1. Court deciding what claim words mean (Markman) 2. Comparing accused product to claim language
Simple example to illustrate process

6. “Reading the Claims on” the Accused Product and Prior Art
Patent for a Sitting Device
Filed: 1/1/2008
Issued: 1/1/2010
Claims –
I claim:
1. A sitting device comprising:
a round seat; and
three legs coupled to the seat.
2. The sitting device of claim 1, wherein the seat is made of wood.
3. The sitting device of claim 2, wherein the legs are painted black.
4. The sitting device of claim 1, further comprising a fourth leg.
5. The sitting device of claim 1, wherein the legs are at least 24 inches long.
Specification-
Accused Product
Made in 2013
Prior Art
Public Use or Sale
Iowa County Fair
1995
B. Described in a
Printed Publication
Woodworking Journal
2001
15”
22”
24”

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