Pryor Cashman Intellectual Property Partner Andrew Langsam spoke to Law360 about the benefits of forming a joint patent infringement defense group.

The August 5, 2011 article, “5 Strategies For A Joint Patent Infringement Defense,” notes that with a surge of patent infringement suits targeting multiple companies, defendants can often put themselves in a stronger position by pooling resources together in a joint defense group.

The first strategy the article suggests is to form an early agreement between members of the defense team. According to Langsam, “the sooner defendants put into writing that they plan to cooperate in a joint defense group, the easier it will be to establish a common interest in defending the case and to thwart any attempt by the plaintiff to gain access to their communications. If the parties wait too long to enter a deal, their prior communications, including documents and emails, may not be privileged and may have to be disclosed to the plaintiff…you need to write up an agreement as early as possible to protect communications between yourself and co-counsel.”

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