Practical Considerations for Joint Defense Groups in Patent Cases

Roman Swoopes authored an article for the Daily Journal weighing the pros and cons of forming a joint defense group for parties accused of patent infringement.

“Joint defense groups can facilitate collaboration and decrease costs of pursuing invalidity defenses in patent cases, but they also introduce complexity that can offset the benefits of collaboration,” Roman wrote. “Each defendant should plan for what to do if others settle first and consider how other defendants might use shared information. Moreover, joint defense group members should develop their non-infringement positions and communicate their claim construction preferences to the group early.”

Read the full article.