This resource is continually monitored and revised for any necessary changes due to legal, market, or practice developments. Any significant developments affecting this resource will be described below.
Patent Litigation Against Non-Practicing Entities Toolkit
Resources to assist an accused infringer's counsel in defending a client against a patent infringement claim by a non-practicing entity (NPE), including key considerations for NPE patent litigation, responding to a patent notice (cease and desist) letter, evaluating motions to dismiss or transfer the case to a more favorable venue, answering the complaint, and negotiating and drafting a settlement or license agreement.
A substantial percentage of new patent infringement lawsuits are brought by non-practicing entities ( www.practicallaw.com/4-513-0928) (NPEs), persons or entities that acquire and enforce patent rights, but do not practice the patented invention. Defending against an NPE's patent claims presents several challenges, including that NPEs:
Are less susceptible to retaliatory claims by the accused infringer.
Can save time and money by asserting the same patent against multiple defendants.
This Toolkit provides several continuously maintained resources to help an accused infringer's counsel defend a client against an NPE's patent infringement claim, including resources explaining how to:
Litigate a patent case against an NPE.
Assess the NPE's patent claims and the client's potential defenses.
Respond to a patent notice letter.
Answer a patent infringement complaint.
Evaluate a motion to:
transfer the case to a more favorable venue.
Evaluate preemptive legal actions such as proceedings at the US Patent and Trademark Office (USPTO).
Negotiate and draft a patent license or settlement agreement.