Litigation Trends & Forecasts in 2023

Director Jonathan Tuminaro, Ph.D., will speak on the “Litigation Trends & Forecasts in 2023” panel at CenterForce’s IP Strategy Summit: West in Palo Alto, CA on Tuesday, October 11, 2022. The panel will begin at 9:45 a.m. PT.

Panel Overview

Patent litigation is continuously in flux and incredibly complex. The demands of litigation require an effective strategy to remain consistent as the litigation landscape changes due to an uncertain environment. The economic downturn added more layers which resulted in growth in certain areas of IP litigation while other areas such as operating company litigation remained constant. On the defense side, organizations have sought to revise their strategies due to the rising cost of litigation, while still maintaining the freedom to develop and launch innovative new products. Plaintiffs, on the other hand, have proven to be savvy, battle-tested, and ready to use international forums. Practitioners need to exercise caution on using PTAB proceedings while keeping an eye out for NPE litigation in other regions of the world.

This panel will explore:

• Determining whether defensive patenting is an effective strategy as companies aim for litigation avoidance through portfolio management
• Conducting freedom to operate searches and obtaining clearance opinions
• Preparing for international litigation or ITC
• Implementing a proactive defensive strategy:
  • Exploring the roles of operating company and rivals
  • NPE defense updates
• Clearing the confusion surrounding change at the PTAB