Patent Litigation Trial Toolkit

Practical Law Toolkit w-029-8366 (Approx. 10 pages)

Patent Litigation Trial Toolkit

by Practical Law Litigation

Maintained • USA (National/Federal)

Resources to assist counsel preparing for and conducting a patent litigation trial in federal court. This Toolkit links to resources for preparing for trial, negotiating pretrial orders, bringing pretrial motions, and drafting witness outlines.

Patent trials often are complex and require heavy reliance on technical and damages experts. This Toolkit offers continuously maintained resources to help patent owners' and accused infringers' counsel navigate the complexity of patent trial in district court, including:

Preparing for trial.
Negotiating pretrial orders.
Bringing pretrial motions.
Drafting outlines for fact and expert witnesses.

This Toolkit does not address:

Earlier stages of patent litigation before trial, including:
- determining claims to assert (see Patent Litigation Claims and Defenses Toolkit);
- drafting pleadings and other pre-suit considerations (see Patent Litigation Pre-Suit Toolkit);
- responding to pleadings (see Initial Responses to a Patent Infringement Complaint Toolkit);
- fact discovery through depositions and written discovery (see Patent Litigation Deposition Toolkit and Patent Litigation Written Discovery Toolkit);
- mandatory disclosure of the parties' infringement and invalidity contentions (see Local Patent Rules for Key Jurisdictions Toolkit: Sample Mandatory Disclosures and Filings);
- claim construction proceedings (see Patent Litigation Claim Construction Toolkit);
- expert discovery (see Patent Litigation Expert Toolkit); or
- seeking summary judgment (see Patent Litigation Summary Judgment Toolkit).
Later stages of patent litigation, including:
- post-trial motions (see Patent Litigation: Judgment as a Matter of Law Toolkit); or
- appeals (see Federal Circuit Civil Appeals Toolkit).
Specialized patent proceedings:
- under the Hatch-Waxman Act (see Hatch-Waxman Patent Litigation Toolkit);
- before the US International Trade Commission (ITC) under Section 337 of the Tariff Act (19 U.S.C. § 1337) (see ITC Section 337 Investigations Toolkit); or
- before the Patent Trial and Appeal Board at the US Patent and Trademark Office (see PTAB Proceedings Toolkit).

For resources relating to other aspects of civil trials in federal court not specific to patent infringement claims, see Trial Toolkit (Federal).

Patent Litigation Trial Toolkit | Practical Law