Current Trends in Patent Infringement Litigation in the US

Registering and protecting IP in China is an increasingly relevant topic for IP managers in mechanical and technological fields.

The US has a different approach to filing and litigating patents, compared to international practice. Changes in legislation, together with decisive actions from individuals (for example Judge Albright in the Western District of Texas), have led to some particularly
aggressive infringement litigation practices.

The Insight IP Virtual Boardroom met to discuss these current developments. The discussion was moderated by three partners from Squire Patton Boggs: David Elkins, Steven Auvil and Tamara Fraizer. With their wide range of experience and expertise, they were able to provide answers and insights to all of the questions presented by the discussion participants.

It was concluded that although the US Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has risen in prominence and has achieved a certain notoriety for the tense situations it has created in litigation proceedings, much of this has now calmed down. Specifically challenges regarding requirements 101 and 112 have become more straightforward to manage. The processes to follow are nevertheless detailed and technical and the overall advice is to engage with subject matter experts in order to best manage any stage of infringement litigation or activity.