Patent Litigation Trends & Forecasts

Director Jonathan Tuminaro, Ph.D., spoke on the “Patent Litigation Trends & Forecasts” panel at CenterForce’s IP Strategy Summit in Palo Alto, CA on October 25, 2023.

The conference included panel discussions and roundtable sessions that provided attendees with practical knowledge, skills and strategies to navigate the complexities of intellectual property law. Panelists shared their insights on topics such as patent litigation strategies, portfolio management, patent prosecution, trade secrets and best practices. 

Panel Overview

Effective patent litigation requires a strategic approach that can adapt to changes in the legal landscape, particularly during uncertain times. The economic downturn has affected IP litigation in various ways, leading to growth in some areas while others remain steady. Organizations on the defense side have had to revise their strategies due to rising litigation costs while maintaining their freedom to innovate. Meanwhile, plaintiffs have become more skilled, experienced, and willing to use international forums. Practitioners need to exercise caution when using PTAB proceedings while also being aware of NPE litigation in other regions.

This panel will explore:

• Evaluating the effectiveness of defensive patenting for litigation avoidance through portfolio management
• Conducting freedom to operate searches and obtaining clearance opinions
• Preparing for international litigation or ITC proceedings
• Implementing a proactive defensive initiative that considers the roles of operating companies and rivals
• Updates on NPE defense strategies
• Clarifying any confusion around changes at the PTAB