Testing the NPE Waters — Evaluating Whether “Trolls” Are Targeting the Medical Device Space; Discussing Choice of Venue Issues
Brinks Gilson & Lione
Matthew A. Smith
Turner Boyd LLP
Mark L. Mathie
McKool Smith, P.C.
- Evaluating the “threat” of litigation by non-practicing entities or trolls
- Are traditional “trolls” targeting or starting to target medical device companies?
- Is litigation commonly brought by non-practicing entities?
- If so, what segments of the industry are being targeted and what are the nature of the claims?
- Analyzing venue considerations
- Where are non-practicing entities and other plaintiffs filing?
- Does the AIA preclude forum shopping?
- Are rocket dockets being sought to avoid the possibility of IPRs?