Rule 11 Concerns when Filing a Patent Infringement Suit

May 04, 2006

Darryl Woo, chair of the firm's Patent Litigation Group, was recently interviewed by PLI for All-Star Briefing, PLI's weekly newsletter that includes comments from leading practitioners, academics and jurists who are shaping today's complex legal practice.

Woo was interviewed by PLI about FRCP Rule 11 in the context of patent infringement claims – requiring an attorney to conduct reasonable investigation to conclude that there is a reasonable basis for a finding of infringement of at least one claim of each patent asserted prior to filing the infringement claim.

“Filing a patent infringement suit requires more than simply reviewing your patent portfolio and taking educated guesses about the accused product or service. At a minimum, Rule 11 requires an attorney (a) to interpret the asserted patent claims; and (b) to compare the accused device(s) or method(s) with those claims before filing a claim alleging infringement."

Read the complete article on the PLI All-Star Briefing website.