A complete defense to a patent infringement lawsuit will often have one or more procedural components. Often, a patentee will try to hale the defendant into a faraway jurisdiction to increase the costs associated with defending the lawsuit. For example, a California patentee will often sue a Pennsylvania-based accused infringer in California.
In such a case, the Pennsylvania-based accused infringer will have one or more procedural defenses, such as lack of jurisdiction or improper venue. The infringer may also move to transfer the case to Pennsylvania.
Also, in cases in which there are parallel cases or proceedings pending, such as an earlier-filed declaratory judgment action or an interference in the USPTO, the accused infringer may be entitled to a stay of the proceedings. However, stays are not that common.
Special Issues for Defendants: Procedural Defenses
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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