Patent law is a subject of exclusive federal jurisdiction, but many states have recently passed laws attempting to restrict patent demand letters. These laws are not strictly limited to “patent trolls,” although aggressive enforcement tactics are their raison d'être. Eighteen states have now signed acts into law defining what must be included in a cease and desist, royalty demand, or license offer letter if it relates to patents. Illinois recently joined this group of states with its Public Law 98-1119. Almost a dozen other states and Congress are considering similar legislation. As a result, patent holders have new considerations to take into account when they want to enforce their patents. Accused infringers have some extra rights and tactics, but those vary from state to state. In addition, the courts have begun to weigh in on these new laws—both at the state and federal levels.
During this webinar, we will cover the following:
- Review state laws restricting patent demand letters (including a reference chart)
- Summarize how these laws interact with federal exclusive jurisdiction over patent law
- Evaluate strategic implications of these state laws, when sending or receiving patent assertion letters.
Title:
Asserting Patents and Responding to Threats in the Age of State Anti-Troll Legislation
When/Where:
September 25, 2014
9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT.
Live webcast;
registration required.
Speaker:
Fitch Even attorneys Edward E. Clair and David A. Gosse
Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit:
1 hr CLE CA/IL/NE; Other states may also reward credit upon attendee request.
Cost:
Free. Registration required.
More Information and Registration
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