Fenwick patent litigation partner Saina Shamilov talked to Law.com about the future of IP litigation for 2021 amidst two potential headline-making U.S. Supreme Court cases and a backlog of cases awaiting jury trials once courtrooms are safe to open again.
One of the major IP litigation trends Shamilov expects to take shape in 2021 is the issue of patent eligibility being put to juries.
“It’s helpful to be able to talk about what’s conventional. It allows you to talk more about the state of the art” at the time of the patent, Shamilov said.
Shamilov also expects virtual hearings to become a permanent aspect of patent litigation, even in a post-pandemic world. She noted, “I’ve done multiple claim construction hearings by Zoom and it works great. I can see more of that happening in 2021.”
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