Testing the NPE Waters — Evaluating Whether “Trolls” Are Targeting the Medical Device Space; Discussing Choice of Venue Issues

March 5, 2015 4:00pm

Mircea Tipescu
Shareholder
Brinks Gilson & Lione

Matthew A. Smith
Partner
Turner Boyd LLP

Mark L. Mathie
Principal
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?