September 25, 2014
Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Asserting Patents and Responding to Threats in the Age of State Anti-Troll Legislation,” presented by Edward E. Clair and David A. Gosse. The webinar will take place on Thursday, September 25, 2014, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
Patent law is a subject of exclusive federal jurisdiction, but many states have recently passed laws attempting to restrict patent demand letters. These laws are not strictly limited to “patent trolls,” although aggressive enforcement tactics are their raison d'être. Eighteen states have now signed acts into law defining what must be included in a cease and desist, royalty demand, or license offer letter if it relates to patents. Illinois recently joined this group of states with its Public Law 98-1119. Almost a dozen other states and Congress are considering similar legislation. As a result, patent holders have new considerations to take into account when they want to enforce their patents. Accused infringers have some extra rights and tactics, but those vary from state to state. In addition, the courts have begun to weigh in on these new laws—both at the state and federal levels.
During this webinar, we will cover the following:
- Review state laws restricting patent demand letters (including a reference chart)
- Summarize how these laws interact with federal exclusive jurisdiction over patent law
- Evaluate strategic implications of these state laws, when sending or receiving patent assertion letters
Our speakers are Fitch Even attorneys Edward E. Clair and David A. Gosse. Ed has a diverse intellectual property law practice covering all aspects of IP creation, management, enforcement, and licensing. Dave’s practice includes invention and patentability analysis, patent drafting and prosecution, and a special focus on IP litigation.