Alternatives to Licensing: The Interplay Between Litigation, Re-Examination, and Licensing of Patents

Patents are routinely licensed and litigated. Patent re-examinations are often used to either strengthen patent claims by the patentee or weaken patent claims by third parties. Patent re-examinations can also be a useful strategy in licensing and litigation where they may be used to delay or otherwise alter the speed of litigation or value of a patent in settlement and/or licensing negotiations. The expert panelists will discuss the principals behind patent re-examination and how they may affect licensing and litigation strategies using real case examples from technology and life science industries. Topics covered will also include: ex parte and inter partes patent reexamination as distinguished from patent reissue; strategies, advantages, and cautionary considerations regarding reexaminations, how patent reexamination affects licensing and how to use patent reexamination as an advantage in licensing negotiations; how patent reexamination affects litigation, and how it can be used as a tool during litigation and settlement discussions.