Alicia Griffin Mills gave a presentation, “A Complaint Shows Up – Voilà, You’re a Defendant. What Do You Do in the First 24 Hours?,” at the IP Law & Management Institute on November 5, 2012.
Many IP Counsel have encountered situations in which a complaint appears and the company finds itself in the position of having to defend its IP asset[s]. Often, successful resolution is dependent upon your response in the first 24 hours. This session will provide a highly practical and tactical guide for the actions that much be taken to ensure that you are well positioned to respond.
- Check service date, and figure out when response is due
- Prepare litigation hold memorandum
- Identify accused products, similar products, and products in development that may be accused
- Determine who manufactures those products or their key components
- Review agreements, to look for indemnification rights
- Provide notices of indemnification rights, as appropriate
- Meet with business people to review past and projected revenues and business plans
- Evaluate possible pre-existing licenses with same or related parties
- Check files for information or opinions relating to the asserted patents, design-arounds, etc.
If you have questions on intellectual property law, please feel free contact any member of our team.