Program Details

Ethical Issues in Intellectual Property Litigation

Content Partner:  Boston Bar Association
Price: $110.00*
Member Price:  $90.00
This program is no longer available.

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Over time, the world of patent litigation has lost much of the civility. Attorneys conduct, and that of their clients, can reach a level of hostility unmatched in other areas of litigation.  No longer do some attorneys treat their work as a profession with expectations, guidelines and rules, but rather a business wherein the goal of winning is all that matters.

This CLE will discuss best practices that retain civility while maintaining the zealous advocacy necessary to represent their clients. The panelists will lead a detailed discussion on the paradigm shift from civility, and how it affects each aspect of the discovery practice.  Topics will include document production tactics, claim construction issues, use of inequitable/unethical conduct allegations, reliance on opinions of counsel, and damages.


A. Introduction
  - Paradigm shift
  - Pushing the limit?

B. Discovery
  - Collecting client's documents
  - When to produce damaging documents
  - Document demands on opposing side.

C. Allegations of unethical conduct by opposing counsel – when/whether, and how, to make them
  - Allegations used as litigation strategy
  - Tit-for-tat allegations

D. Claim construction and defenses
  - Should you argue for far-reaching but potentially supportable claim constructions?
  - Using Inequitable conduct or Unethical conduct before the PTO – should these defenses be used as stock affirmative defenses in every litigation
  - Reexamination proceedings as a stock defense?

E. Issues of Intent and Reliance on opinions of counsel
  - Indirect infringement
  - Willfulness
  - Reliance on opinion of counsel

F. Damages
  - Pushing for quick settlements
  - Proper Valuations versus overreaching claims and ridiculous damages theories
  - Contingency settlements – effect of contingency kickers
  - Using litigation cost to influence settlement, including filing of weak claims and seeking small settlements

Practice Areas: Ethics & Professional Responsibility, Intellectual Property Law
Online Media Type: Video
Production Date: 11/15/2012 4:30 PM EST
Level: Intermediate
Category: Standard
Duration: 2 Hours, 0 Minutes
Online Format: Live

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 


West LegalEdcenter will not provide accreditation for states not listed. 

This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing

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Total Credits: 2
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

Check your state requirements and get contact information.
Jack C. Schecter, Esq. - Sunstein Kann Murphy & Timbers LLP
Leigh Martinson - McDermott Will & Emery
David E. Marder - Robins, Kaplan, Miller & Ciresi L.L.P.
Matthew B. Lowrie - Foley & Lardner LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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