Partner Trent Webb, co-chair of Shook's Intellectual Property group, has participated in a roundtable on the resolution of patent disputes for Financier Worldwide. Questions covered developments that have shaped patent disputes, including the continuing effects of the U.S. Supreme Court's decision in Alice v. CLS Bank and the developing jurisprudence on inter partes review.
"Patent cases are extremely expensive," Webb notes. "There are some good avenues to pursue in making patent cases go away quickly, but those avenues have to be identified and pursued at the earliest opportunity. Companies must look at whether there are grounds for a motion to dismiss, based on claiming patent-ineligible subject matter or simply based on the plaintiff filing a conclusory complaint without enough detail."
"The cost of litigation is an important input to any decision that you will need to make about whether and how to proceed in litigation. Most firms use sophisticated modelling to give a fairly accurate projection of litigation cost and they are generally happy to provide a projection if companies ask. But ultimately, an ounce of prevention is worth a pound of cure. The more you prepare, the better the outcome you can obtain."