Patent Litigation And Strategy
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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 | : Kimberly A. Moore |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Patent suits |
ISBN | : 9780314278654 |
This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The structure of the casebook is to move chronologically through a typical patent case. The book begins with discussions of whom to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues, including pharmaceutical litigation under Hatch-Waxman and other specialized infringement issues, such as infringing exports, infringement by multiple actors, and the extraterritorial reach of U.S. patents. The book also provides a primer on the new America Invents Act prior art provisions. The book next addresses issues surrounding remedies, including injunctive relief, contempt proceedings (including the Federal Circuit's en banc decision in TiVo v. Echostar), and damages.
Author | : Michael C. Elmer |
Publisher | : |
Total Pages | : |
Release | : 2018 |
Genre | : Patent laws and legislation |
ISBN | : 9781682674642 |
Author | : Kenneth L. Dorsney |
Publisher | : American Bar Association |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Biotechnology |
ISBN | : 9781614384786 |
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.
Author | : Douglas Clark |
Publisher | : Oxford University Press, USA |
Total Pages | : 313 |
Release | : 2011-08-25 |
Genre | : Law |
ISBN | : 0199730253 |
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.
Author | : Kenneth D. Sibley |
Publisher | : Butterworth-Heinemann |
Total Pages | : 289 |
Release | : 2013-10-22 |
Genre | : Law |
ISBN | : 1483161935 |
The Law and Strategy of Biotechnology Patents is a compendium of articles that sets to address and unravel the complexities of the laws and issues that apply to biotechnology inventions. The purpose of the book is to explain patent law, with special emphasis on the central role of patent claims, statutory subject matter, novelty, non-obviousness, disclosure considerations, and operation of the judicial system in relation to patents. The text also unveils the extent to which biotechnology merges established law with new requirements. Lawyers, inventors, researchers, technology development and transfer agents, venture capitalists, investment bankers, entrepreneurs, and researchers will find this book an important source of information and knowledge.
Author | : Barry L. Grossman |
Publisher | : BNA Books (Bureau of National Affairs) |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Patent laws and legislation |
ISBN | : 9781570188862 |
"Section of Intellectual Property Law, American Bar Association."
Author | : Robert A. Klinck |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 0 |
Release | : 2015-12-04 |
Genre | : Patent laws and legislation |
ISBN | : 9781517719340 |
"Designed for the layperson but equally useful for attorneys new to patent litigation, this unique book offers a comprehensive overview of the substantive law and procedural quirks of patent cases to help decipher the host of elements involved-- and provide a basic and helpful guide for the uninitiated."--Back cover.
Author | : Andreas Hübel |
Publisher | : Springer Science & Business Media |
Total Pages | : 53 |
Release | : 2012-01-05 |
Genre | : Science |
ISBN | : 3642248462 |
Patents protecting biotechnological invention are becoming ever more important. Because biotechnology has many differences with respect to other technologies, lessons learned in other fields of technology cannot simply be transferred to adopt a suitable strategy for dealing with biotechnology inventions. In this volume, general aspects of biopatent law will be discussed. This involves questions of patentability, including ethical issues and issues of technicality, as well as questions of patent exhaustion in cases were reproducible subject matter, like cells or seeds, is protected. Moreover, active and passive patent strategies are addressed. Further, insight will be given into patent lifetime management and additional protective measures, like supplementary protection certificates and data exclusivity. Here, strategies are discussed how market exclusivity can be extended as long as possible, which is particularly important for biopharmaceutical drugs, which create high R&D costs.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 352 |
Release | : 2003-08-11 |
Genre | : Political Science |
ISBN | : 0309167183 |
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.