The Sedona Conference and its Working Group 10 on Patent Litigation Best Practices (WG10) are pleased to announce that The Sedona Conference Commentary on Patent Litigation Best Practices: Streamlining Lower-Value Patent Cases Chapter (“Streamlining Commentary”) has been published in final form. In preparing its Streamlining Commentary, WG10 ascertained that in the patent cases that went to trial between 2019 and 2021 where the patentee was successful in showing that at least one claim was infringed and not invalid, the amount of damages awarded was under $15 million 74 percent of the time. The rules and procedures that govern patent cases in the U.S. district courts, however, generally do not distinguish between patent cases where hundreds of millions of dollars are at stake and those where the amount at issue is a fraction of that amount. As a result, parties to a “lower value” patent case often expend disproportionate amounts of time and money on litigating the case. The consensus of WG10 is that patent litigants and courts would benefit from a formalized, streamlined program for resolving lower-value patent cases. It is contemplated that the program, when used, will significantly reduce both the time and cost associated with resolving patent cases where the amount at issue is in the range of $10 million or less. Thousands of patent cases every year could be eligible for and benefit from the program. In our Streamlining Commentary, we describe the program’s features including required bench trials, optional participation by the parties, significant reductions in discovery, asserted claims, prior art, and defenses and an early claim construction hearing. We are planning a future webinar to discuss the subjects addressed in the Streamlining Commentary. Look out for our upcoming Sedona Conference communication providing the date and time for our Streamlining webinar.
The Sedona Conference Working Group 10 (Patent Litigation Best Practices) The mission of Working Group 10 is to develop best practices and recommendations for patent litigation case management. To become a member of The Sedona Conference Working Group Series (WGS) and WG 10, please visit https://thesedonaconference.org/join. |