“Adapting Your Defensive Litigation Strategy”

IP Litigation Partner Thomas L. Duston participated in the panel, “Adapting Your Defensive Litigation Strategy” at the 2016 IP Strategy Summit, held on Thursday, May 19, 2016, at The Colonnade Hotel in Boston, MA.

Post AIA, the pendulum has shifted in favor of the defendants. However, non-practicing entities (NPEs) still pursue their business objectives via litigation and operating companies seize on litigation to bring competitors to the negotiation table. The defensive strategies against operating companies are very different from those against NPEs – making it essential to adapt. Panelists examined the following topics:

• You will be sued: proactive preparation strategies
• What to do when approached: engaging and understanding you opponent’s motivation
• Preparing your defense: buy time, maximize resources, know the endgame
• Anticipating enforcement strategies and formulating your responses
• Considering the consequences when defending against rivals

Mr. Duston was joined on the panel by corporate leaders, including:

• Denise C. Lane, IP Counsel, Velcro Group Corporation
• Steve Reynolds, VP and GC, Sensata Technologies