Patent Litigation Strategies Handbook


Book Description

"Section of Intellectual Property Law, American Bar Association."




Patent Litigation and Strategy


Book Description

This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The casebook begins with discussions of who to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues. The Third Edition includes new material on pharmaceutical litigation under the Hatch-Waxman Act and the most developments in the law of invalidity and infringement. The book next addresses issues surrounding remedies, including injunctive relief (with a discussion of the Supreme Court's eBay decision), contempt proceedings, and damages. Also included are post-trial matters including jury instructions, special verdict forms, the preclusive effect of final judgments, judgment as a matter of law, and new trial motions. Finally, the book covers the appeal process and reexamination and reissue proceedings.




ANDA Litigation


Book Description

Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law in the context of Paragraph IV ANDA litigation, this comprehensive guide focuses on current and developing law as well as litigation strategies and tactics. This ready roadmap begins with an explanation of the Hatch-Waxman Act, its implementation, and litigation. Other topics include preparing and trying the case, post-trial issues and appeals, remedies, settlement, antitrust implications, and litigation of pharmaceuticals outside the U.S.




Commercial Litigation Strategies


Book Description

Commercial Litigation Strategies is an authoritative, insider's perspective on best practices for litigating commercial disputes. Featuring partners from firms around the nation, these experts guide the reader through the intricacies of various types of commercial litigation from the perspective of both the plaintiff and defendant, with a focus on intellectual property and patent litigation. These top lawyers explain key elements of working with clients during litigation, including managing client expectations, discussing costs, and determining if litigating a case is in line with the client's business goals. From developing a theory and dealing with discovery to preparing for trial and evaluating settlement opportunities, these authors outline strategic considerations for each stage of the case. Additionally, these leaders discuss recent procedural developments and trends in commercial litigation, including mediation and electronic discovery. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating a complex area of law.




Section 337 Patent Investigation Management Guide


Book Description

The U.S. International Trade Commission has emerged as one of the most salient patent enforcement venues in the United States. Its fast-track procedures - typically producing determinations within 12 to 16 months of initiation of an investigation - and potent exclusion remedy have brought the ITC to center stage in patent enforcement over the past several years. The ITC now conducts more full patent adjudications on an annual basis than any district court in the nation. The ITC's six Section 337 administrative law judges (ALJs) focus almost exclusively upon patent investigations, making the ITC the only specialized trial-level patent adjudication forum in the nation. Given the importance of international trade to high technology markets, the ability to exclude goods at the border provides a valuable strategic option for a growing number of patent owners. This guide, modeled after the Patent Case Management Judicial Guide, provides comprehensive analysis of the management of Section 337 investigations.




Patent Licensing and Selling


Book Description

Now in the Second Edition, Patent Licensing and Selling: Strategy - Negotiation - Forms has been completely updated and significantly expanded to include additional strategies for successfully monetizing a patent portfolio. Featuring hundreds of sample licensing clauses and provisions, Patent Licensing and Selling, Second Edition shows you how to draft fair and litigation-free patent license and patent purchase agreements that serve your clients' interests, satisfy other parties, and shield clients from legal exposure. The author helps you: -Avoid terms that trigger delays and disputes -Grant exclusive patent licenses and successfully buy or sell a patent portfolio -Retain the right to choose which markets to enter first -Swiftly bring licensed or purchased products to market -Protect against infringement of licensed or purchased patents -Set license duration and termination guidelines -Maintain the confidentiality of agreements It also provides direction on such other mandatory topics in a patent purchase agreement as: -Representations and warranties of both the buyer and the seller, including authority to sell, title to the patents, the validity and enforceability of the patents, any pre-existing licenses or other obligations affecting the patents, and notice of any other legal proceeding that might affect rights to the patents -Purchase price and payment requirements -Taxes -Closing requirements In addition Patent Licensing and Selling, Second Edition includes a complete discussion of the recently decided U.S. Supreme Court case, Bowman v. Monsanto, which held that patent exhaustion does not permit a farmer to reproduce patent-ed seeds through planting and harvesting without the patent holder's permission. Updated at least once a year, Patent Licensing and Selling: Strategy - Negotiation - Forms is a vital handbook for patent practitioners and other intellectual property attorneys, corporate counsel, corporate executives, patent officials, and inventors.




Patents in the Knowledge-Based Economy


Book Description

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.




Trial Handbook


Book Description

Trial Handbook is the one-stop resource you can trust in the planning, trial, and post-trial stages of litigation.




Patent Strategy


Book Description

FROM PATENT TO PROFIT Patents and patent strategies are increasingly pertinent to the success of information age businesses, from affecting valuations to gaining tax advantages to increasing the starting price per share when taking a company public. Patent Strategy illustrates the impact patents can have on technology-driven businesses' tactical and strategic efforts. Here is step-by-step guidance to the patent process, the laws, and basic strategies-from a business-goal perspective-so that middle and upper-level managers can recognize the significance of patents in relation to a particular business and can incorporate proper patent management efforts into their business framework. In addition, this book serves as an invaluable reference for management and executives when making patent-related decisions such as whether a patent infringement study must be performed; whether the budget for patent matters should be increased or decreased; whether attempts should be made to license certain patent technology; and whether the firm should sue for patent infringement. * Case studies throughout the book give you a specific business context within which to consider the concepts introduced * Statistics are presented to assist you in assessing various issues, planning patent strategies, and implementing patent management programs