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.




Anatomy of a Patent Case


Book Description

"Patent litigation has assumed a pivotal role in today's global economy. In response to the increased prominence of patents, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) has authored a manual that provides a balanced view of the issues in each phase of a patent case for judges and lawyers. [This book]...covers all steps required to bring a patent case to trial, and the key elements that make such litigation unique. [This edition] specifically addresses the complex technical, procedural, and legal issues inherent in a patent lawsuit that are not usually found in other types of civil litigation. It is limited to the unique characteristics of patent litigation and has been added to the Federal Judicial Center's resource library for district court judges and their law clerks. The handbook provides concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and judges. The new third edition includes: a brand-new chapter 15, patent office inter partes review (IPR) and other AIA trial proceedings...addressing key features of PTAB trials and the impact of PTAB trials on patent litigation in federal courts; the impact of changes in the law resulting from numerous decisions from the Supreme Court, as well as the Federal Circuit Court of Appeals, including, what subject matter is eligible for patent protection, how the all-important claim construction determination is to be made and when attorneys fees should be granted; amendments to the Federal Rules of Civil Procedure that alter pleading requirements; and much more."--




Global Patent Litigation


Book Description




Patent Litigation in China


Book Description

In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.




Introduction to Intellectual Property


Book Description

Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.




Cases and Materials on Patent Law


Book Description

The authors feel that students considering patent law for the first time should look forward to learning legal tenets as venerable as the Constitution itself yet as current as the latest development from the laboratory bench. This casebook is comparative and constantly refers to aspects of foreign patent systems. This is with the understanding that patent practitioners without an understanding of the international patent system place their clients at a significant disadvantage.




Patent Litigation Strategies Handbook


Book Description

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




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.




Patent Remedies and Complex Products


Book Description

Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.




Faber on Mechanics of Patent Claim Drafting


Book Description

More patent applications are rejected because of claim drafting flaws than because of problems with inventions. A trusted working tool for more than two decades, Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. This lucid, time-saving handbook offers you: - Start-to-finish directions for each type of claim--apparatus or machine, method or process, composition of matter, article of manufacture, and biotechnology. - Extensive discussion of nonart rejections, classic and more recent constructions of means clauses, inherent function of the apparatus doctrine, mental steps and computer programs, product-by-process claims, and claims referring to drawings. - Quotations from litigated claims to help you see which types of limitations and phrases have (and have not) been "judicially approved." - Real-world examples of dependent claims, Jepson claims, generic and species claims, subcombination claims, and biotechnology. - Numerous tips on how to avoid common claim drafting mistakes. - Definitions and preferred usage of stylized words and phrases in patent law, such as "comprising," "consisting," "means for," "step for," and "whereby." - Guidance on how to review claims to eliminate errors and superfluous language. Faber on Mechanics of Patent Claim Drafting examines: - Ways of avoiding transition words that can cause unnecessary claim interpretation problems. - Claim terms that are incapable of interpretation and can render claims indefinite and invalid. - Problematic alternative expressions. - Practical issues involved in amending filed claims, claiming numerical ranges and amounts, and disclosing in a specification several alternatives of elements or embodiments of the invention. Faber on Mechanics of Patent Claim Drafting provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. It is an indispensable guide for patent specialists and other intellectual property attorneys, corporate counsel, and non-specialists who represent inventors, patent officials, and inventors.