Managing & Resolving Patent Disputes

Cosponsored with the Journal of High Technology

Date: Friday, March 08, 2002

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM

Patents have increasingly become important business assets. They promote research and development by protecting the economic value of innovations. They facilitate market penetration by providing insulation from some of the competitive forces of the marketplace. Patents also enable a technology innovator to generate revenue by licensing patented technology.

This increased reliance on patents inevitably produces business disputes. Patent owners seek to prevent third parties from utilizing their patented technology. Third parties often respond to patent enforcement attempts by challenging the validity of the issued patent. The complexity of any resulting disputes makes them extraordinarily costly to resolve. Cost effective patent dispute resolution requires overall dispute management that must take many factors into account. The type of business enterprise involved and the business goals must be considered. Additionally, it is important to under stand the different perspectives of both in-house counsel and outside counsel. All of these factors must be carefully considered since they will affect what strategy should be pursued. Additionally, such disputes are often ripe for resolution by alternatives to litigation such as ADR.

The relevant business goals and the subsequent treatment of a patent in litigation should also be considerations at the patent application and prosecution phases. Often, decisions made at this time radically affect the scope and strength of the resultant patent. Therefore, it is important to carefully consider how an invention is claimed and how it is prosecuted.

In-house and outside counsel involved in protecting patent rights, and specialists in specific areas of patent law, such as prosecution or litigation, can gain an overall perspective on everything that affects the resolution of a patent dispute. Others involved in the protection of intellectual property can gain an understanding of the complexity of resolving patent disputes, the various strategies and options available, and ways to manage a patent dispute cost-effectively while furthering the relevant business goals.

Suffolk University Law School has been very aggressive and innovative in offering courses concerning high tech and related issues. As part of this approach, Suffolk has created the High Technology Law Concentration for students interested in this rapidly growing and evolving field of law. The New Law Journal Committee, as well as interested faculty, believes that a journal focusing on high tech law will support Suffolk University's dedication to graduating students with an excellent legal background in this field.