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Insurance strategies

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Alex Fjelstad

This document discusses patent infringement defense strategies and Inter Partes Review (IPR). IPR is an administrative process that allows parties to challenge the validity of patents before the Patent Trial and Appeal Board (PTAB). The document compares the costs of full litigation versus IPR, noting that IPR costs $300,000-$500,000 compared to $2,000,000 for full litigation. Insurance for IPR costs $7,000-$10,000 with limits up to $500,000, while full litigation insurance costs $40,000+ with $2,000,000 limits. The presenter, Alex Fjelstad, has experience as an executive in insurance and technology companies and currently advises clients on

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PATENT INFRINGEMENT DEFENSE & INTER PARTES REVIEW Presented by Alex Fjelstad Twin City Group Minneapolis MN Nothing in this presentation should be considered legal advice. Consult your legal advisor All rights reserved
PATENT INFRINGEMENT PATHWAY Patent Holder Demand by letter or lawsuit Accused Infringer Settle Full Litigation PTAB Inter Partes Review Post Grant Review
PATENT TRIAL AND APPEAL BOARD Known as PTAB New Process Created by the American Invents Act Post Grant Review (within 9 months of patent issue) Business Method Patents Review (within 9 months) Inter Partes Review
INTER PARTES REVIEW SUMMARY Limited to Prior Art Previously issued patents Previously published material Petition for IPR Sent To PTAB More likely than not standard Hearings & decision within 12 months PTAB Decisions Available Extinguish entire patent Extinguish specific patent claims Validate patent and/or specific patent claims
LITIGATION COSTS-PER SIDE Full Litigation $2,000,000 Inter Partes Review $300,000 to $500,000 Post Grant Review Minimal INSURANCE COSTS Full Litigation $40,000 + $2,000,000 limit Inter Partes Review $7,000 to $10,000 $300,000 to $500,000 limit
IPR INSURANCE HIGHLIGHTS Limits up to $5 million available 2% of limit self insured retention applies 10% of limit co-payment applies Limit not used on IPR expenses can be used for related litigation expense Litigation expense only-no damages coverage Reimbursement of eligible expenses
ABOUT ALEX Former CEO of a publicly-held insurance company Former CEO of a technology company Technology patent holder Speaker at IP law firms, LES meetings and legal continuing education forums Senior Vice President at Twin City Group a Minneapolis based insurance brokerage firm Currently works with clients throughout the US and Europe

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Insurance strategies

  • 1. PATENT INFRINGEMENT DEFENSE & INTER PARTES REVIEW Presented by Alex Fjelstad Twin City Group Minneapolis MN Nothing in this presentation should be considered legal advice. Consult your legal advisor All rights reserved
  • 2. PATENT INFRINGEMENT PATHWAY Patent Holder Demand by letter or lawsuit Accused Infringer Settle Full Litigation PTAB Inter Partes Review Post Grant Review
  • 3. PATENT TRIAL AND APPEAL BOARD Known as PTAB New Process Created by the American Invents Act Post Grant Review (within 9 months of patent issue) Business Method Patents Review (within 9 months) Inter Partes Review
  • 4. INTER PARTES REVIEW SUMMARY Limited to Prior Art Previously issued patents Previously published material Petition for IPR Sent To PTAB More likely than not standard Hearings & decision within 12 months PTAB Decisions Available Extinguish entire patent Extinguish specific patent claims Validate patent and/or specific patent claims
  • 5. LITIGATION COSTS-PER SIDE Full Litigation $2,000,000 Inter Partes Review $300,000 to $500,000 Post Grant Review Minimal INSURANCE COSTS Full Litigation $40,000 + $2,000,000 limit Inter Partes Review $7,000 to $10,000 $300,000 to $500,000 limit
  • 6. IPR INSURANCE HIGHLIGHTS Limits up to $5 million available 2% of limit self insured retention applies 10% of limit co-payment applies Limit not used on IPR expenses can be used for related litigation expense Litigation expense only-no damages coverage Reimbursement of eligible expenses
  • 7. ABOUT ALEX Former CEO of a publicly-held insurance company Former CEO of a technology company Technology patent holder Speaker at IP law firms, LES meetings and legal continuing education forums Senior Vice President at Twin City Group a Minneapolis based insurance brokerage firm Currently works with clients throughout the US and Europe