1. Knowledge Management During Pretrial Patent Litigation : Secrets of the Power Searchers © 2009 Professor Jon Cavicchi

5. 80% of all research done in patent law firms has nothing to do with legal research…. Library Director of Testa Law Firm to Meeting of Law Librarians of New England

8. Resources to figure this out…

12. Also on Lexis

13. Also on Westlaw

14. Also on Lexis & Westlaw

16. Patent litigation is just that…use many of the same tools as any other litigation…process of litigation as applied to patent law

19. Pretrial Investigation Players and strategies

23. Determining Royalty Rates Royalty rates are a tricky thing to find, as they are usually not made public. Nonetheless, there if you want to spend time weeding through a lot of results, there are methods available. * SEC filings Sometimes public companies, especially smaller ones, will make terms of licensing agreements available. Searching through SEC filings, especially 10-Ks and S-1s, for "royalty and patent" or "royalty and license" will sometimes prove fruitful. The vast majority of numerical data in these licensing agreements are redacted out, so you will have to wade through a lot of false hits for the few pieces of real information. Places to search SEC filings include:

24. News articles… Once again, every so often, terms of a licensing agreement will turn up in a press release or an article. In most instances, terms of the deal will not be revealed, but a persistent soul can usually turn up a few bits of information. Any of the article databases could be used for this. (RDS, PROMT, DowJones, etc). Reported Decisions online… In some legal decisions involving patent cases, a judge or jury must determine a "reasonable royalty" rate. While this royalty may differ from what parties may agree to outside of litigation, it can provide some information. Plus, in some cases a judicial decision may describe the evidence and rationale used to arrive at the royalty rate.

28. Patent Attorney or Agent?

29. Patent Examiner?

35. EXPTRESUME

38. Search patents…

40. “ Big 5” accounting firm IP departments Assist with discovery Determine lost profits Audit defendant’s records

44. Ways to search assignment records Patents ASSIGN CD data is derived from assignment deeds recorded after August 1980, including assignments of patent grants and patent application publications (filed after November 29, 2000) recorded before and after publication or issue.

45. CLAIMS R&R US-PAT-ASSIGN PATENTS - US ASSIGN FULL TEXT

52. Prior art databases…free to premium In January 2003, esp@cenet® held data on 38.3 million patents from 71 countries, of which 22.5 million have a title, 17.6 million have an ECLA class and 5.5 an abstract in English.

68. Venue

73. Who’s Who on Westlaw

74. Almanac of the Federal Judiciary

76. Legal Resource Index

77. JLR- Fulltext of journals and law reviews

78. Reported Decisions

79. Reported decisions - patent cases

80. Docket files

82. Dockets- Ellis patent cases

83. How do we find info on size of settlements and jury verdicts?

85. Coca-Cola example

86. Dunn & Bradstreet Family Tree

87. Can we serve their lawyer? Combined District Court Dockets

88. Finding counsel in reported cases

89. PROFILER-WLD or WLD-LIT RCL(PESPSICO) SEARCH

90. What can the Pepsico Site tell us?

96. Depositions to uncover…

98. And the hunt for information goes on and on…