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Patrick Patras Discusses Benefits to IP Owners of Patents Found Invalid But Revived by a Settlement

January 13, 2016

Patrick L. Patras, a Chicago-based partner in the Intellectual Property Practice Group of Hinshaw & Culbertson LLP, was quoted in the article "How to Wield a Patent After a Settlement Axes Invalidity." The piece was published by Law360 on January 5, 2016.

The article focuses on a recent decision by U.S. District Court for the Northern District of California Magistrate Judge Paul Grewal to vacate decisions invalidating Good Technology Corporation's data security patents because the parties settled the case, and addresses how such deals can aid patent owners. As noted in the article, "[w]hile it may be easy to imagine that a patent once found invalid and revived by a settlement is living on borrowed time, the vagaries of patent law mean that one judge or jury's view that a patent is invalid may not be shared by others." On this issue, Mr. Patras stated that "'[i]n general, this would seem like a bad policy if you assume a district court jury or judge is correct, but oftentimes they are not correct,' and are reversed on appeal."

Mr. Patras devotes his practice to intellectual property law, with particular emphasis on patent litigation. He has extensive experience in all aspects of patent litigation and has tried patent infringement cases in federal court, as well as in the arbitration setting.

Read "How to Wield a Patent After a Settlement Axes Invalidity" on the Law360 website (subscription required)  

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.

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