Cost-Saving Secrets to Streamlining Complex Patent and Trademark Litigation

Jeanne Hamburg and Joseph A. Farco, Members of law firm Norris McLaughlin, P.A., will present the free webinar, “Cost-Saving Secrets to Streamlining Complex Patent and Trademark Litigation.”

In situations in which patent and trademark claims are made simultaneously, cost management is critical. Having a well-oiled team at a single firm with experience coordinating your case, and who can handle all legal issues raised, positions your company to save time and money. Time can be best utilized, and costs can be saved through one or more of the following:
• Joint analysis of jurisdictional and venue issues, in particular, the impact of patent venue rules on the trademark claims
• Early coordination of common issues, defenses, and counterclaims arising in patent and trademark cases; the first sale date and offer for sale are critical dates in both cases, for example
• Early decision-making on whether and when to file an Inter Partes Review when trademark claims would remain
• Balancing the case schedule, when to go through the Markman proceedings but needing to conduct pilot surveys on trademark issues such as secondary meaning, the likelihood of confusion, and genericism
• Strategically seeking and combining discovery and interrogatory requests, requests for admission, and depositions (watch your discovery definitions to avoid overly narrow or overly broad requests)
• Considering unorthodox sequencing of discovery, such as deposing third party inventor or chief marketing officer who may have more information than the CEO
• Making dispositive motions to include both patent and trademark claims – how to make effective points while presenting complex legal topics in one paper
• Identifying multi-skilled experts or expert teams that can handle patent and trademark concerns (e.g., commercial success, non-obviousness, damages)
• Combatting willful patent/trademark infringement allegations when a client is accused of copying both and the impact that has on a jury/judge
• Coordinating your patent and trademark trial to be understandable to the jury and not lose the court, effective use of opening and closing statements
When: Wednesday, December 16, 2020
9:00 – 10:00 a.m. EST


Azevedo Sette Advogados