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Joint Defense Agreement Considerations in NPE Patent Litigation

By James W. Soong

Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. Because a joint defense agreement provides a foundation for the relational dynamic among group members, the opportunity to optimize its provisions for your client and to define a framework for group interaction should be embraced. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.

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