Download or read book Patent Litigation and Strategy written by Kimberly A. Moore and published by West Academic Publishing. This book was released on 2008 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Patent Litigation written by Massimo Sterpi and published by Sweet & Maxwell. This book was released on 2011 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conflict of Laws is now a well-established textbook on this complicated and fast moving area of law. The text explains the fundamental principles of the subject but also allows the reader to stand back from the rules dealing with specific topics and to consider some issues which concern the working of the conflict of laws as a whole, in particular, the theoretical basis and methodology., thus, making it an ideal textbook for students on both academic and professional courses.
Download or read book The Patent Infringement Litigation Handbook written by Alan R. Thiele and published by American Bar Association. This book was released on 2010 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical book provides a well considered plan for invention protection and management that can be used effectively to avoid expensive, time-consuming, and sometimes company-killing patent infringement litigation. However, because not all patent infringement litigation can be avoided, the second part of this important book explains how to manage patent infringement litigation should it become necessary.
Download or read book Global Patent Litigation written by Michael C. Elmer and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Trolls written by William J. Watkins and published by Independent Institute. This book was released on 2014-04-01 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as nonpracticing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering. In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to “tame the trolls,” Watkins focuses on ground zero in patent litigation—the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favorable.
Download or read book Intellectual Property Law and Litigation written by Edward F. O'Connor and published by American Bar Association. This book was released on 2003 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an overview of intellictual property law, with a special emphasis on patent litigation.
Download or read book Patent Litigation written by Laurence H. Pretty and published by Practising Law Institute. This book was released on 2001 with total page 871 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Litigation shows you how to spot and shore up weaknesses in your case; make effective pretrial, trial, and post-trial motions; enhance your direct-examination and cross-examination skills; accurately measure and prove the amount of damages; and achieve favorable settlements when litigation is not the way to go.
Download or read book Patent Litigation Strategies Handbook written by Barry L. Grossman and published by BNA Books (Bureau of National Affairs). This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Section of Intellectual Property Law, American Bar Association."
Download or read book Intellectual Property Litigation written by Eric M. Dobrusin and published by Aspen Publishers Online. This book was released on 2008-08-21 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Litigation: Pretrial Practice, Third Edition offers up-to-date, comprehensive case analysis and a clear framework for streamlining the procedural requirements and issues involved in resolving patent disputes. You'll find unparalleled analysis of crucial procedures and guiding case law on key phases of pretrial litigation practice including: preliminary injunction, bifurcation, discovery, summary judgment, and more. With Intellectual Property Litigation, youand’ll learn cutting-edge, evidence-based practices to establish facts, test the sufficiency of your opponentand’s case, commit your opponent to a position, and focus the issues toward your advantage. This must-have resource provides expert guidance and in-depth case analysis to pave your way through complex intellectual property litigation, including: How to use injunctive relief, bifurcation, discovery, and summary judgment to resolve disputes The best methods for protecting sensitive information from discovery Recognizing and using the claims and defenses commonly encountered in patent litigation Recent Federal Circuit and Supreme Court cases on the evolving standards for invalidating patents And much more!
Download or read book Patent Litigation Primer written by Robert A. Klinck and published by Createspace Independent Publishing Platform. This book was released on 2015-12-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book The economic analysis of patent litigation data written by World Intellectual Property Organization and published by WIPO. This book was released on 2018 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.
Download or read book Patent Reform written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Internet and published by . This book was released on 2015 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patents in the Knowledge Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Patent Infringement Litigation written by Lindsey Gonzales and published by . This book was released on 2015 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 2013, the U.S. Government Accountability Office (GAO) issued a report, for which they performed a required study on patent litigation. The study aimed to find out what was known about the extent and characteristics of patent litigation; to survey knowledgeable stakeholders about factors influencing patent litigation; to identify judicial developments that could impact patent litigation; and to examine actions taken by the United States Patent and Trademark Office (USPTO or Office) that could affect future patent litigation. The report concluded with a recommendation that the Secretary of Commerce direct the Director of PTO to consider examining trends in patent infringement litigation, including the types of patents and issues in dispute, and to consider linking this information to internal data on patent examination to improve the quality of issued patents and the patent examination process. The USPTO agreed that it would be appropriate to undertake an investigation of trends in patent infringement litigation, and to consider how any trends discovered could potentially be linked to its own internal patent examination data. The USPTO further agreed that it would be appropriate to consider whether the results of the investigation could be used to support its ongoing efforts to improve the patent examination process, and ultimately the quality of issued patents. In addition, the USPTO chose to include inter partes review (IPR) proceedings in the study, with the goal of gaining additional insights that could lead to enhanced patent quality. The USPTO carried out the investigation as recommended by GAO, and this book details the methodology and results.
Download or read book Recent Trends in Patent Infringement Lawsuits written by Aspatore Books and published by Thomson West. This book was released on 2010 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent Trends in Patent Infringement Lawsuits provides an authoritative, insider's perspective on understanding the current patent infringement legal climate. Featuring partners from some of the nation's leading law firms, these experts supply the reader with a comprehensive analysis of the latest patent law decision and trends and how they apply to clients. These top lawyers explain how to develop and apply an effective patent infringement litigation strategy, with details on topics such as understanding the importance of venue, working with the International Trade Commission, calculating patent damages, and avoiding willful infringement. From filling a case and finding good experts to defending against claims and controlling the cost of litigation, these authors address the pressing issues that patent attorneys face today. Additionally, these leaders discuss the impact of the economy on patent infringement lawsuits and new skills that attorneys need to adopt to support changing client needs. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this dynamic field. Book jacket.
Download or read book Intellectual Property written by U.s. Government Accountability Office and published by Createspace Independent Publishing Platform. This book was released on 2017-08-03 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: " Legal commentators, technology companies, Congress, and others have raised questions about patent infringement lawsuits by entities that own patents but do not make products. Such entities may include universities licensing patents developed by university research, companies focused on licensing patents they developed, or companies that buy patents from others for the purposes of asserting the patents for profit. Section 34 of AIA mandated that GAO conduct a study on the consequences of patent litigation by NPEs. This report examines (1) the volume and characteristics of recent patent litigation activity; (2) views of stakeholders knowledgeable in patent litigation on key factors that have contributed to recent patent litigation; (3) what developments in the judicial system may affect patent litigation; and (4) what actions, if any, PTO has recently taken that may affect patent litigation in the future. GAO reviewed relevant laws, analyzed patent infringement litigation data from 2000 to 2011, and interviewed officials from PTO and knowledgeable stakeholders, including representatives of companies involved in patent litigation. "
Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
