LSI Patent Claim Construction Workshop

    By Donald Zuhn --

Law Seminars International (LSI) will be holding a Patent Claim Construction workshop on April 25, 2008 in Atlanta, GA.  The workshop will provide information on:

• New federal case law developments in claim construction.
• U.S. Patent and Trademark Office rule changes.
• Ways for prosecutors to create patents worthy of litigation.
• Tips for making the patent easier for litigators to defend.
• The Markman hearing demonstrated.
• Claim construction litigation strategies from plaintiff and defendant perspectives.
• Trying your case on the issues remaining after claim construction.
• Setting up effective roles and work relationships for company personnel, outside experts, and litigation counsel.

In particular, LSI's faculty will offer presentations on the following topics:

-- New federal case law developments in claim construction; Implications of Patent Office rule changes:

• Recent Supreme Court and Federal Circuit cases;
• Prospective legislation allowing interlocutory review;
• Other pending issues.

-- Ways for prosecutors to create patents worthy of litigation; Tips for making the patent easier for litigators to defend:

• Outside counsel perspective;
• Drafting an application to comply with today's standards;
• Minimizing the chance that allowed claims will be infringed;
• Making sure to use plain language and get the results you want.

-- Demonstrative Markman hearing:

• A mock Markman hearing:  Trying the case for appeal;
• How the various issues play out from both sides of the table.

-- Claim construction litigation strategies from plaintiff and defendant perspectives…

• Pros and cons of evidentiary hearings;
• Foundations of successful summary judgment motions;
• What to do after the claim construction ruling;
• Defense strategies for getting constructions that tee-up winning summary judgment motions or at trial;
• Selling constructions having examples:  "Non-limitations," "claim as a whole" limitations, and drawings;
• Use of experts, tutorials, and special masters.

-- Trying your case on the issues remaining after claim construction:

• Effective and ineffective strategies (starting at the trial level);
• Differences in approaches for appellant versus respondent;
• Application of waiver and/or estoppel to new claim construction arguments on appeal;
• Role of deference.

-- Case management:  Setting up the most effective roles and work relationships for company personnel, outside experts, and litigation counsel:

• Perspectives on finding the optimal structure for the litigation team;
• Tips for working through issues as they arise;
• In-house and outside counsel perspectives.

The agenda for the Patent Claim Construction workshop can be found here.  A complete brochure for this workshop, including an agenda, list of speakers, and registration form can be downloaded here.

The registration fee is $347.50 for students and new employees,$545 for government employees, or $695 for all other attendees. Those interested in registering for the conference can do so here, by calling 1-800-854-8009, or by faxing a registration form to 1-206-567-5058.