“Strategies and Ethics in Patent Troll Litigation: Insisting That Trolls Play Fair,” presented by Ropes & Gray IP litigators Jim Batchelder and Mark Rowland
Aggressive litigation tactics by trolls may cross the line into litigation misconduct. The courts have tools for dealing with such misconduct, such as fee reversal, but some question whether the courts allow too much leeway. The first part of this program will review ethical issues relating to infringement claims by trolls, and strategies for addressing litigation misconduct by trolls. We will then turn to ethical issues relating to joint defense groups. Joint defense groups are great for allowing multiple defendants to share information and costs, and joint defense agreements help preserve attorney-client privilege and work product immunity. However, joint defense groups carry ethical risks if not properly managed and can lay the ground work for conflicts and future disqualification. This program will provide strategic tools for avoiding potential risks.
Topics that will be included in the presentation include:
• Attorney fee recovery -- strategies and ethics
• Unilateral prosecution bars and other Protective Order issues
• Ethical screens, waivers and disqualifications
• Practical take-a-ways for effective joint defense representations
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