About This Course
Anybody can draft and file a lawsuit. There are so many templates on the Internet or available from multiple sources, such as form books and treatises that With a little care and attention, most anyone can craft and file a brief for copyright infringement or trademark infringement or patent infringement Indeed, the entertainment industry is flooded with screenwriters and actors who with a little self-help procured from online sources or from a quick trip to a bookstore, file lawsuits of all shapes and sizes against studios and distributors claiming infringement or breach of contract.
Most of these lawsuits get dismissed or are settled out for nuisance value. It is the rare plaintiff who without counsel is able to carefully and articulately set forth comprehensive claims for copyright infringement or infringements of related products and services such as trademarks, patents and trade secrets.
Thus attorneys who choose to go into IP litigation have an opportunity to do more than just file another lawsuit. The average lifespan of a federal IP lawsuit is over three years and often closer to five. Thus it doesn't take a lot of creativity to put together a lawsuit and start down the road of slugging it out in discovery and depositions and pretrial motions. Real victories in the IP arena come from incredible preparation and using what I call guerrilla tactics to go in fast and quick and with overwhelming force and take out the opposition so that a settlement is quickly achieved. While the military metaphors and adjectives you've just read may seem a bit hyperbolic, it is not very far from the truth.
Therefore, today's podcast or webinar is designed to introduce you to the kinds of litigation tactics that when properly crafted and focused, can bring a plaintiff quick victory at a far more reasonable cost than traditional litigation that ultimately will make you feel like you are on Napoleon's retreat from Moscow.
IP litigation can be extremely exciting, and it is definitely not for the faint of heart. Moreover, it is not a bunch of paper pushing and form documents. Care and attention to detail and strategic thinking with close client cooperation are required in order to avoid the lawn war of attrition that frequently accompanies most litigation.
Thus the focus of this presentation will be on employing and deploying those fully approved but not fully understood litigation tactics that level the playing field so that even solo practitioners can take out the 500 firm Goliath. In particular we will be looking at what are viewed as provisional remedies or equitable remedies. Thus we will be focusing in on temporary restraining orders, preliminary injunctions, and even prejudgment writ of attachments. We will also look at how each one of these tactics can be used for each form of intellectual property: copyrights, patents, trademarks, and trade secrets. Or any combination thereof. New paragraph so get out your pens or your laptops and get ready for what I like to call the using the dark side of the force namely the dark side of litigation to bring justice and victory to your deserving clients.
