TRENDS IN IP DISPUTES

Transcription

1 ASSOCIATION OF CORPORATE COUNSEL LITIGATION COMMITTEE APRIL 25, 2017 TRENDS IN IP DISPUTES DAVID YURKERWICH MANAGING DIRECTOR IP PRACTICE LEADER 1

2 AGENDA Patent infringement and IPR filing trends Operating Companies in infringement cases Counterparties to Operating companies ND California New damage rules 2

3 PATENT INFRINGEMENT AND IPR FILING TRENDS 3

4 DISTRICT COURT AND IPR FILINGS Source: Patexia 4

5 DISTRICT COURT FILINGS Source: Patexia 5

6 IPR FILINGS Source: Patexia 6

7 OPERATING COMPANIES IN INFRINGEMENT CASES 7

8 OPERATING COMPANIES IN MORE THAN 7 NEW CASES 1/1/16 TO 3/31/17 8

9 CASES FILED BY DISTRICT 9

10 COMPUTERS AND DEVICES 10

11 BRANDED PHARMACEUTICALS Company Category Plaintiff Defendant Total sanofi aventis US LLC Pharmaceuticals Branded Eli Lilly and Company Pharmaceuticals Branded Genzyme Corporation Pharmaceuticals Branded Otsuka Pharmaceutical Co., Ltd. Pharmaceuticals Branded Amgen Inc. Pharmaceuticals Branded AstraZeneca AB Pharmaceuticals Branded Pfizer Inc. Pharmaceuticals Branded Astellas Pharma Inc. Pharmaceuticals Branded Alcon Research, Ltd. Pharmaceuticals Branded Horizon Pharma USA, Inc. Pharmaceuticals Branded Merck Sharp & Dohme Corp. Pharmaceuticals Branded

12 GENERIC PHARMACEUTICALS 12

13 SOFTWARE / E-COMMERCE 13

14 TELECOMMUNICATIONS AND WEARABLES 14

15 ALL OTHER Company Category Plaintiff Defendant Total Whirlpool Corporation All Other Lighting Science Group Corporation All Other Broadcom Corporation All Other Nichia Corporation All Other O.F. Mossberg & Sons, Inc. All Other Intel Corporation All Other Interlink Products International, Inc. All Other Ninebot (Tianjin) Technology Co., Ltd. All Other Segway Inc. All Other Akeso Health Sciences, LLC All Other PetEdge, Inc. All Other Boston Scientific Corporation All Other Galderma Laboratories, LP All Other BMW of North America, LLC All Other

16 COUNTER PARTIES TO OPERATING COMPANIES 16

17 COUNTER PARTIES TO 100 OPERATING COMPANIES WITH MORE THAN 6 CASES FILED 17

18 ND CALIFORNIA NEW DAMAGE RULES 18

19 THE NORTHERN DISTRICT AMENDS ITS LOCAL RULES- TO REQUIRE EARLY DAMAGES-RELATED DISCLOSURES 19

20 DAVID YURKERWICH Managing Director and the Leader of the Navigant s Intellectual Property team. Operates from offices in New York, San Francisco and Germany. Navigant IP s team of seasoned experts assist clients with IP strategy, transactions and disputes. They combine timely competitive data with analytical tools to deliver sound valuations and practical business solutions. David works closely with inventors, owners and attorneys to assess patentability and markets for technologies to build and maintain competitive patent portfolios. He actively negotiates IP based transactions and structures and manages joint development, and licensing activities. David has provided expert valuation testimony in over 90 matters involving IP and other disputes in a broad range of technologies and markets. David has been recognized by his peer group as one of the IAM Strategy 300 The World s Leading IP Strategists since its inception in david.yurkerwich@navigant.com