We live and work in a high tech globally interconnected world, in which digital technologies are provided and accessed across national borders, involve multiple parties and increasingly are conducted in the cloud aka “distributed usage”. This leads to complex legal questions when allegations of patent infringement are raised in respect of the provision and accessing of digital technologies.
Where and by whom are the technologies being performed? Where is the output of the technology being accessed? What does this mean for where you seek to commence patent enforcement proceedings? How can you lawfully investigate whether there has been an actionable patent infringement? Where is the evidence located that you will need to determine whether you have an actionable case or to prove patent infringement once an action has been commenced? If the evidence is located outside the jurisdiction in which patent enforcement proceedings are contemplated or commenced, what mechanisms are available to you to obtain the evidence? And even before you get to the point of considering or facing a patent enforcement action, what is the potential impact of your organisation’s global IP strategy on the outcome of a patent enforcement action? What strategies can be adopted to maximise the protection which patents can provide for IP in digital technologies?
Our global team of patent experts explored these complex multijurisdictional issues in a two-part series of webinars, bringing to bear their deep knowledge of their countries' patent laws and their experience of collaborating with their global colleagues on complex multijurisdictional patent cases. Further information on the content can be found below.
Session 1: Digital and Cloud Technologies - Protection and Enforcement Strategies
Your global IP strategy is critical to the outcome of patent enforcement actions. So, in this session, our panel of experts focus on protecting innovative digital and cloud technologies through the use of patents, looking at:
How patents can be used to protect different types of digital technologies;
- Strategies for maximising protection of inventions in digital technologies, with an eye toward enforcement;
- Where and by whom digital or cloud-based technologies are implemented; and
- How these issues impact your strategy for commencing or defending a patent litigation.
Session 2: Digital and Cloud Technologies - Evidentiary Strategies
With digital technologies provided and accessed across national borders, involving multiple parties and increasingly being conducted in the cloud, it is often the case that critical evidence is located outside the jurisdiction in which patent enforcement proceedings are contemplated or have been commenced. Our panel of experts discuss:
- Key issues to consider when gathering evidence on a cross-border basis;
- How to lawfully investigate whether there has been an actionable patent infringement; and
- Key mechanisms available for obtaining evidence on a cross-border basis, in support of patent litigation.