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.

Cases and Materials on Patent Law

Cases and Materials on Patent Law
Author: Martin J. Adelman
Publisher: West Academic Publishing
Total Pages: 1176
Release: 2003
Genre: Law
ISBN:

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.

Patentability of Chemical Selection Inventions

Patentability of Chemical Selection Inventions
Author: Hyewon Ahn
Publisher: Nomos Verlagsgesellschaft Mbh & Company
Total Pages: 75
Release: 2011
Genre: Law
ISBN: 9783832965242

This LL.M thesis is a response to the recent decisions of the German Federal Court of Justice on the patentability requirements of selection inventions, namely the Olanzapine and Escitalopram decisions. The thesis provides an overview on the technology and patenting practice, followed by the discussion of jurisprudence on the patentability requirements for selection inventions in major jurisdictions. In particular, the paper examines the novelty and the non-obviousness requirements. As the discussion on the anticipation and obviousness is more contentious in selection inventions, it discusses the issues in view of the two decisions. Post-grant impact of selection inventions and their meanings to the system of patent are explored and some comparative perspectives on selection inventions are discussed. In conclusion, by exploring the significance of granting patents on selection invention to the working of patent system, the paper provides a useful analysis in understanding patentability requirements thereof, beyond the pharmaceutical industry sector. LL.M Thesis. (Series: Munich Intellectual Property Law Center - MIPLC - Vol. 12)

European Patent Litigation in the Shadow of the Unified Patent Court

European Patent Litigation in the Shadow of the Unified Patent Court
Author: Luke McDonagh
Publisher: Edward Elgar Publishing
Total Pages: 215
Release: 2016-07-27
Genre: Law
ISBN: 1784714747

With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.

Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy
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.

Aspen Treatise for Patent Law

Aspen Treatise for Patent Law
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