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Q&A with Ahmed Davis: Changing IP Laws, Changing Litigation Strategies

April 4, 2016

Q&A with Ahmed Davis: Changing IP Laws, Changing Litigation Strategies

April 4, 2016

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Fish Principal Ahmed Davis was interviewed by Metropolitan Corporate Counsel in the April 2016, article “Changing IP Laws, Changing Litigation Strategies.” In the interview, Davis discusses patent litigation developments in federal district court, in federal appellate court and at the International Trade Commission (ITC), and reviews how the Patent Trial and Appeal Board (PTAB) has influenced patent strategy and litigation. Davis describes why it’s necessary to understand evolving IP trends for effective advocacy. Click here to read the full interview.

MCC: We hear a lot about companies wanting to stay out of court. Are you seeing a difference in the way big companies settle patent disputes now compared with when you started practicing law?

Davis: Yes, I think there is a difference, not only in how big companies are settling cases but also in the firms that they are hiring to handle their cases. When I started practicing law, the vast majority of the patent cases we saw were legitimate business competitors, so the drivers for settlement were different. Losing a case to a direct competitor and running the palpable risk of a permanent injunction resulted in a lot more bet-the-company cases. Those regularly would end up settling with cross-licenses and covenants not to sue or some sort of détente.

Now we develop case exit strategies at the beginning, knowing that the more pressure and uncertainty we can create for plaintiffs, the more we can position our clients as being ready for trial, the more likely it is to reach a pretrial resolution that is satisfactory to our big clients. Our degrees say we are both attorneys and counselors at law, and our ability to do both well requires that we not lose sight of our clients’ larger business goals.

But one thing hasn’t changed. The biggest companies still want the most experienced and knowledgeable litigators by their side, whether they are being sued or looking to exert their own large patent portfolios in a competitor-to-competitor case. So demand for our services is up, and our caseload is going up. We are the firm that clients call when there is no margin for error.

 

Attorney Bio

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Ahmed J. Davis | Principal

Ahmed J. Davis is a Principal in the Washington, DC, office of Fish & Richardson, a member of the Firm’s Management Committee, National Chair of the Fish & Richardson Diversity Initiative, and a former member of the Firm’s Compensation Committee. His practice focuses on...

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