5th Annual Patent Law Institute
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Author | : Kimberly A. Moore |
Publisher | : West Academic Publishing |
Total Pages | : 952 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
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.
Author | : Jonathan S. Masur |
Publisher | : Lisa Larrimore Ouellette |
Total Pages | : 533 |
Release | : 2021-06-29 |
Genre | : Law |
ISBN | : |
Patent Law: Cases, Problems, and Materials is a free casebook, co-authored by Professor Jonathan S. Masur (University of Chicago Law School) and Professor Lisa Larrimore Ouellette (Stanford Law School). The casebook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. A digital version of the casebook can be downloaded free online at patentcasebook.org, and a printed copy can be purchased on Amazon at cost.
Author | : Lydia Loren |
Publisher | : |
Total Pages | : 824 |
Release | : 2017-07-08 |
Genre | : Intellectual property |
ISBN | : 9781943689040 |
¿ Immerse students in the world of intellectual property law and provide essential perspectives to practice in this area.¿ The Fifth Edition of Loren & Miller¿s Intellectual Property Law continues to provide engaging and challenging coverage of all the major types of intellectual property law: trade secret, patent, copyright, and trademark law. Covering cases and developments through Spring 2017, the book includes all the latest Supreme Court cases that are vital to a survey course, including Star Athletica v. Varsity Brands (as a principal case) and contextualized discussion of Matal v. Tam and Impression Products v. Lexmark International. Each chapter has been fully revised, with changes¿some small, some more extensive¿that optimize clear presentation of tightly edited cases and concise notes and questions.¿ The book kicks off with an introduction that explores the basic policies animating i.p. law and concludes with two overarching chapters¿one on i.p. limits (preemption and first sale), and one on remedies (to redress past harm and prevent future harm). This book will both guide student analysis and challenge students to make vital connections within and across doctrines and policies.
Author | : Hector L. MacQueen |
Publisher | : Oxford University Press, USA |
Total Pages | : 1024 |
Release | : 2007 |
Genre | : Law |
ISBN | : 0199263396 |
The book is accompanied by a web site where students and lecturers alike can access updates on major developments in the law as well as pointers to the exercises contained in the text.
Author | : Janice M. Mueller |
Publisher | : Aspen Publishing |
Total Pages | : 1266 |
Release | : 2024-07-19 |
Genre | : Law |
ISBN | : |
Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary
Author | : Robert P. Merges |
Publisher | : |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Intellectual property |
ISBN | : 9780735558663 |
Known for its broad, accessible coverage of both traditional and cutting-edge issues, INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE enters its Fourth Edition as the cornerstone of a proven teaching package. Strengthened and refined through years of successful classroom use, The casebook: covers the full range of legal protections for Intellectual Property: trade secret, patent law, copyright law, trademarks/trade dress, state and federal intellectual property protections, protections for computer software, and a general overview of antitrust law integrates cases and materials with challenging practice problems that help students think like practitioners is enriched by a law and economics perspective that provides students with an analytical tool for a meaningful examination of the subject offers outstanding treatment of new media issues, such as computer software reflects the expertise of its authors, all of whom are currently teaching at schools known for a strong IP focus in the curriculum is reinforced by an annual statutory and case supplement which includes an introduction to biotechnology as well as all of the latest legal developments in IP features an extremely helpful Teacher¿s Manual with alternative syllabi for teaching the book in three- and four-credit comprehensive courses and for two-credit courses in one of the subsets of IP Look for this important new material in the Fourth Edition: an updated discussion of digital copyright, including the Supreme Court¿s decision in MGM v. Grokster additional discussion of the legal issues surrounding open source software a revised trademark chapter that reflects several recent changes in dilution, merchandising, Internet keywords, and fair use
Author | : |
Publisher | : |
Total Pages | : 652 |
Release | : 2001-05 |
Genre | : Copyright |
ISBN | : |
Author | : Laurence R. Helfer |
Publisher | : Cambridge University Press |
Total Pages | : 567 |
Release | : 2011-03-07 |
Genre | : Law |
ISBN | : 1139496913 |
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author | : David Hricik |
Publisher | : OUP USA |
Total Pages | : 0 |
Release | : 2009-09-17 |
Genre | : Law |
ISBN | : 9780195338355 |
Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics-the second is on litigation-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.