"Producing a Blockbuster IP Litigation Hit, Act 2: Efficiently Engaging the Adversary," InsideCounsel
On May 27, InsideCounsel published the article, “Producing a Blockbuster IP Litigation Hit, Act 2: Efficiently Engaging the Adversary,” by Coby Nixon and Seth Trimble. In their fourth article of a six-article series, Nixon and Trimble explore three ways to limit costs through strategic motions that can limit the overall scope of litigation. One tactic is carefully weighing the costs and potential benefits of filing dispositive motions that may dispose of the opposing party’s case entirely, or result in dismissal of one or more of the opposing party’s claims. Another tactic in conserving overall costs is to pursue motions, such as a motion for bifurcation or a motion in limine that may remove issues from consideration at trial. Finally, they suggest seeking conduct claim construction early in patent cases to facilitate a settlement. Nixon and Trimble suggest that those involved in IP litigation should always consider the various motions and tactics for efficiently engaging the adversary and for simplifying the issues in the litigation.