Winning the Patent Damages Case

Winning the Patent Damages Case
Author: Richard F. Cauley
Publisher: OUP USA
Total Pages: 0
Release: 2011-08-25
Genre: Law
ISBN: 9780199767564

Winning the Patent Damages Case serves as a guide to patent litigators and in-house counsel who are either considering an action for patent infringement or who are facing the spectre of a lengthy, expensive litigation. It offers readers an analytical framework for determining the likely damages award in a patent case, which is critical to the decision of whether to settle the case and for how much. It provides valuable information on how to structure the patent case from the outset and assists accused infringers in how to prepare a "shadow" damages case that may result in a much more reasonable damages award in the event of a loss. Finally, the book provides practical suggestions on how to select and work with a damages expert. The second edition discusses the Federal Circuit's decision in Lucent v. Gateway on the entire market rule and damages allocation, as well as subsequent decisions which have employed its reasoning. Other new developments include whether plaintiffs can use licenses obtained in litigation to prove an "established royalty" under the Georgia-Pacific factor No.1; and courts awarding ongoing royalties instead of imposing injunctions.

Patent Litigation and Strategy

Patent Litigation and Strategy
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.

Patent Strategy

Patent Strategy
Author: Anthony L. Miele
Publisher: John Wiley & Sons
Total Pages: 261
Release: 2002-02-28
Genre: Law
ISBN: 0471151181

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

ANDA Litigation

ANDA Litigation
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.

PCT: Strategy and Practice

PCT: Strategy and Practice
Author: Derk Visser et al.
Publisher: Kluwer Law International B.V.
Total Pages: 206
Release: 2021-07-07
Genre: Law
ISBN: 9403508655

Many applicants use the Patent Cooperation Treaty (PCT) system as a first step to obtain patent protection for their inventions in a large number of countries. This practice-oriented book on the PCT – the only such book available – provides expert guidance on how to carry out the treaty’s procedures, from filing a single international patent application to starting prosecution before a plurality of national Offices. Building from an authoritative overview of the PCT’s sources and how they link to form the legal basis for a complete procedure, the contributors elucidate such invaluable practical details as the following: complete details on filing under the PCT, including the means of filing, fee payments, and priority, both in general and in specific national patent Offices; strategy points for making decisions on options in procedures and for drawing attention to important issues; citations from the Practical Advices published by the World Intellectual Property Organization (WIPO); differences between several regional and national Offices, such as the EPO and the USPTO; extensive treatment of remedies available in each procedure; guidance through the PCT – Patent Prosecution Highway (PCT-PPH); and extensive linking to international and national resources for the PCT. The authors include legal experts from WIPO and the European Patent Office (EPO), as well as well-known patent law practitioners. With its wealth of guidance ranging from a broad introduction to specific details of procedural strategy, this book will be of immeasurable value in the day-to-day practice of patent attorneys, corporate counsel, and paralegals worldwide. It will be of great use to candidates preparing for exams where a profound knowledge of the PCT is required.

Patent Litigation and Strategy

Patent Litigation and Strategy
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.

Patent Litigation in China

Patent Litigation in China
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.