Strategies and Tactics to Combat and Win Against Non-Practicing Entities


As Non-Practicing Entities strategies evolve and America Invents Act's new procedures come into play, organizations are compelled to learn how to implement effective tools to combat NPE attacks. This webinar will discuss effective strategies that will counter NPE attacks and cause them to retreat.

Eastern District of Texas - Changes and Trends
Mark Howland, Jones Day

The Eastern District of Texas is a preferred venue for patent litigation brought by Non-Practicing Entities (NPEs), and a common NPE business model involves filing suit against a large number of defendants in a single proceeding. This model benefits NPEs by lowering patent enforcement costs and, in many cases, helping to avoid transfer to a less-favored forum.


The America Invents Act introduced new joinder rules designed to curtail this practice, and we are now beginning to see the effect of these rules on new and pending NPE cases. This presentation will focus on recent changes in severance and transfer jurisprudence as well as other recent trends in the Eastern District of Texas that may have a considerable impact on multi-party NPE enforcement actions and the strategies that are available to operating companies in defending against such actions.


Attacking the Problem at the Source - Effective Use of USPTO Procedures
Tim Wilson, SAS and Cecil Key, Petronas


To succeed, the NPE business model relies on patents that are often overly broad and open-ended, which makes them easier to read on technology and products that are ultimately developed years after the patent was filed and after an operating company has invested heavily in the R&D and marketing necessary to make the accused technology or product a success. Cutting down the number of questionable or overly broad patents would, in effect, therefore cut at the heart of the NPE business model. The USPTO offers several mechanisms and procedures to do just that, including new procedures, such as inter partes review, that have just been added by and through the America Invents Act. This presentation will focus on how to effectively utilize these procedures to best counter the threats posed to operating companies by NPEs, including a brief overview of the procedures and a discussion of the opportunities and advantages of collective action by operating companies in initiating and prosecuting actions before the USPTO.


Study Highlights - How Companies Handle Non-Practicing Entities Attacks
Robert Williamson, ipPerformance Group


ipPerformance's research team conducted a study on corporate practices for handling disputes with non-practicing entities (NPE). This presentation will focus on the key findings and engage panelist and participants to discuss the survey results.
- Criteria companies use to develop strategies for responding to NPEs
- Popular methods used to combat or impair NPE initiatives
- Factors that influence licensing negotiations

Contact ipPerformance for a copy of the webinar.