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Invalidity Opinions in Patent Litigation: Shielding Against Liability

November 7, 2023
CLE webinar

Charlie O'Brien discusses Invalidity Opinions in Patent Litigation: Shielding Against Liability and Reducing Exposure to Enhanced Damages, Attorney-Client Privilege Implications, a live 90-minute premium CLE video webinar with interactive Q&A, presented by Strafford. This CLE course will provide patent counsel with guidance on using invalidity opinions in defense of patent infringement claims. The panel will discuss the issue of waiver of the attorney-client privilege and other factors when considering invalidity opinions. The panel will provide best practices for obtaining and using invalidity opinions.

Recent decisions have changed the landscape and renewed awareness of an invalidity opinion's role in patent litigation. Obtaining an invalidity opinion and examining infringement risks can protect an accused infringer from a willful infringement finding and significant damages. However, obtaining and utilizing invalidity opinions is not without its risks. The alleged infringer should consider the timing and the potential steps that an invalidity opinion could trigger. Further, a price for using an invalidity opinion could be a waiver of attorney-client privilege.

Charlie O'Brien is the Chair of Cantor Colburn’s IP Transactional Practice Group. He concentrates his transactional practice on the exploitation, transfer and licensing of technology. Charlie has extensive experience in all aspects of complex IP licensing, including the preparation and negotiation of patent license agreements, software license agreements, joint development agreements, trademark license agreements, material transfer agreements, joint marketing and promotion agreements, and the like.

Charlie O'Brien Photo