R. David Donoghue, author of Chicago IP Litigation blog and Practice Center Contributor, recently attended the 9th Annual Rocky Mountain IP & Technology Institute. David will be writing several articles discussing highlights from the Institute. In the first of the series, David focuses on the Judges panel wherein they discussed best practices in intellectual property litigation.
One of the highlights of the Institute was a panel of sitting and retired federal judges sharing their views on intellectual property litigation, with a focus upon patent litigation. What follows is the beginning of the highlights. There was simply too much information to digest it in a single post. So, this post begins with the thoughts from Judge Philip Brimmer (D. Col.) and retired Judge James Rosenbaum (D. Minn.). In an upcoming post, I will provide the highlights of the thoughts from the two other panelists, Magistrate Judge Boland (D. Col.) and retired Judge McKelvie (D. Del.).
Hon. Philip Brimmer (D. Col.):
- Encourages pursuing motions to dismiss for failure to sufficiently plead patent claims, but if there is an easy amendment you should confer with plaintiff first.
- In a fairly technical case, Judge Brimmer values a technical presentation. And video is the best format because he can view it in chambers several times and let it sink in. Generally, each side submits a separate video. Occasionally, one is more polished, but that does not mean it is more instructive.
- Law clerks are the critical audience for briefs. They read, digest and analyze briefs all day.
- The trend is toward applying eBay v. MercExchange to all IP cases. The Second Circuit’s recent Catcher in the Rye case, regarding Salinger’s Catcher in the Rye copyright, highlights the trend. So, as a practitioner you should not be relying solely upon a presumption of irreparable harm.
- In Colorado, there is a bias against stays pending reexams because they delay cases.
Click here to read Donoghue’s full article.
Tags: Judge Jaes Rosenbaum, Judge McKelvie, Judge Philip Brimmer, Magistrate Judge Boland, Patent seminars
[…] What follows is the second and final installment of the highlights from that panel. Last week, I provided highlights from Judge Philip Brimmer (D. Col.) and retired Judge James Rosenbaum (D. Minn.). What follows is the […]