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June 2009
PRELITPAT: Part of a unified approach to patent disputes
The overwhelming majority of patent disputes are settled or otherwise resolved before trial, with a significant number of disputes settling prior to any court action. See Eugene R. Quinn, Jr., Using Alternative Dispute Resolution to Resolve Patent Litigation: A Survey of Patent Litigators, 3 MARQ. INTELL. PROP. L. REV. 77, 85-86 (1999).
Bottom line: A patent lawyer needs a smart exit strategy.
That's where the newly released Pre-Litigation Patent Enforcement database (PRELITPAT) comes in. PRELITPAT contains the full text of Pre-Litigation Patent Enforcement (current through June 2009), the practice guide by Don Martens and John Sganga for attorneys who need to enforce patent rights or respond to patent owner demands prior to trial. Although several sections serve as handy refreshers on patent law and litigation, PRELITPAT primarily aims to help you develop informed, unified strategies in patent disputes. It covers topics such as demand letters (the focus of three entire chapters), negotiation, and alternative dispute resolution and contains checklists, sample letters and agreements, and practice tips. Most sections contain links to the West Key Number Digest and to the full text of cited sources.
The easiest way to browse the contents and retrieve sections by topic is to use the Table of Contents service. You can also search PRELITPAT using the Terms and Connectors or Natural Language search method.
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