Legal Landscapes: Bijal Vakil, Skadden
Bijal Vakil
Partner, Intellectual Property, Skadden
Bijal Vakil unpacks the shifting U.S. patent landscape, highlighting key changes in eligibility, PTAB procedures, and evolving litigation strategies. From policy shifts to AI-driven complexity, discover how tech companies can stay ahead in an increasingly global and intricate legal environment.
Key Takeaways from Video
Current Legal Landscape:
Patent law in the U.S., particularly in Silicon Valley, is evolving around key areas like patent eligibility, PTAB procedures, and potential changes in damages and injunction standards. Although no new legislation has passed yet, the new administration’s approach is expected to significantly influence patent litigation strategies.
Advice for Clients:
- Know Your Portfolio: Maintain a deep understanding of your patent assets and how they protect your technology.
- Plan for the Long Haul: Litigation is expensive and time-consuming; prepare for executive involvement and long timelines.
- Explore Alternatives: Consider mediation or arbitration to reduce cost, complexity, and duration of disputes.
Threats and Opportunities:
- Policy Shifts: Anticipated legal changes under the new U.S. administration could affect injunction standards and patent eligibility.
- Innovation Climate: A potentially more pro-patent environment may benefit tech companies willing to adapt quickly to new legal norms.
Client Satisfaction:
- Proactive Partnership: Deliver value by acting as forward-thinking business partners who anticipate needs and navigate upcoming challenges.
Technological Advancements:
- Complex Case Landscape: Increasing digitalization, globalization, and the rise of AI and cloud services are driving more intricate patent cases.
- Global Focus: Cross-border disputes and trade secret management are growing areas of importance in patent litigation strategy.
Full transcript
What is the current legal landscape for Patent Litigation in your jurisdiction?
Silicon Valley has been at the forefront of trying to reshape the patent laws with respect to patent eligibility, the PTAB (the Patent Trial and Appeal Board), and with respect to damages contentions on the horizon.
We see a new administration in charge here in the United States that is going to affect the patent office and the case law with respect to key elements of patent law.
We haven’t seen legislation passed yet, but we may see legislation that modifies injunctions and other aspects of patent laws that are gonna have a significant impact on strategies employed by Silicon Valley companies.
What are three essential pieces of advice for clients related to Patent Litigation?
That’s a good question. Definitely have more than three answers, but I’ll limit the answer to three.
First, ensure that you have a comprehensive understanding of your patent portfolio and the patents that you seek to use. Always think about the moat that you have around your technology.
Second, be prepared for a lengthy and costly process, not only monetarily, but with administrative time of key executives.
And third, consider alternative dispute resolution methods such as mediation or arbitration to narrow or perhaps fully resolve your claims.
What are the greatest threats and opportunities in Patent Litigation in the next 12 months?
We’ve had a sea change in the administration in the United States, and that is definitely going to have an effect on the patent office and on the laws that relate to patent disputes.
Here we’re going to see potential changes to patent eligibility. We may also see changes with respect to automatic injunctions in patent cases.
All of this will have a significant impact on how tech companies and how Silicon Valley adjusts to a shifting landscape. One filled with innovation and with a pro patent stance from the new administration.
How do you ensure high client satisfaction levels are maintained by your practice?
This isn’t rocket science. Find law firm partners that are going to be your true business partners. They’re going to be business partners who are constantly looking around the corner and navigating what comes next.
In my mind, that’s how you deliver excellent client service by anticipating the client’s needs before they even happen.
What technological advancements are reshaping Patent Litigation, and how can clients leverage them?
The practice of IP law is constantly changing. It’s probably why we call it the practice of law.
There’s a growing emphasis on cross-border transactions and international disputes, and a heightened focus on protecting trade secrets and managing patent portfolios as well.
The rise of digital platforms, social media, and e-commerce, and almost every aspect of our life has led to more intricate and complex cases involving software, the cloud and AI.