Tuesday – Friday | August 25-28, 2020

Georgia World Congress Center | Atlanta, GA | USA


Intellectual Property 301 - The Anatomy of an IP Dispute/Lawsuit: Offensive and Defensive Strategies - BMG20

Thursday, August 27, 2020 @ 10:30 am - 12:30 pm
Speakers: Bradford Czerwonky, Patent Attorney: Taylor English Duma LLP and Seth Trimble, Partner: Taylor English Duma LLP
Pricing: Pre-registration through July 31, 2020: $95; Standard pricing August 1 - 28, 2020: $125

This session will cover a wide overview of Intellectual Property disputes and lawsuits and will offer a deeper look into a variety of topics on this subject including:

    • Quick overview of the different types of IP
    • Different types of legal disputes
      • Civil vs. Criminal
      • Contractual vs. Statutory vs. Common Law
      • Various legal practice areas: employment, tax, real estate, IP, etc.
      • Example legal theories: discrimination, infringement, negligence, willfulness, etc.
    • Dispute resolution options: Self-Help, Arbitration, Mediation, Litigation, etc.
    • Timeline of a dispute and basic terminology
    • Unique considerations in an IP dispute
    • Differences between patentability and infringement
    • Special considerations with different types of IP
      • Design patents vs. utility patents
      • Trademarks
      • Copyright
      • Trade secrets
    • Offensive Strategies
    • Defensive Strategies
    • Picking counsel (someone you trust, balancing subject matter and legal expertise, local counsel requirements, etc.)
    • Special consideration for foreign litigation
    • Preventative Maintenance
      • How to avoid litigation or make it more predictable
        • Ways to avoid IP infringement
        • Company policies that can protect against invasive and expensive discovery
      • Handling emergency situations such as encountering or being accused of showing a patent-infringing or trademark-infringing product at a trade show


    • Main points to remember
      • Litigation need not be intimidating with the right partner
      • Advance preparation can help a company avoid, limit, or even take advantage of a dispute
      • The cost of procrastination: even a would-be defendant can gain an advantage by filing suit first in some IP disputes
      • Ignoring a lawsuit is dangerous
    • Handouts
      • Summary of the different types of IP
      • Patent dispute timeline
      • Questions to ask prospective counsel
  • Q & A