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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.
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.
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.
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.
"Section of Intellectual Property Law, American Bar Association."
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.
"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.
Intellectual property law is currently exploding, as demonstrated by the growth of technology transfer offices in universities. More and more scientists, companies, and institutions are rushing to secure intellectual property rights for their ideas and inventions. This process frustrates many people; patent laws are constantly changing, and most books about them are either overly technical or boring. Protecting Your Ideas: The Inventor's Guide to Patents is a succinct, straightforward guide to the system. This guide presents the steps involved in obtaining patent protection for inventions. It is easy to read and brimming with essential information and advice compounded from FAQs posed by the author's academic and industrial clientele. The text includes tips, warnings, and examples that guide the reader through the invention process so patent rights are not jeopardized. Checklists and other helpful information are provided to assist the inventor preparing to enter the patent process. The book includes valuable resource information and business guidance to protect the inventor from consumer fraud that is sometimes associated with the patent process. Protecting and Idea is a must read for every engineer, scientist, or amateur inventor. - Simple, easy-to-read format demystifies the patent process - Numerous example patents help to illustrate the issues involved - Provides an overview of the types of intellectual property protection - Incorporates up-to-date information about U.S. patent laws - Advises inventors about the do's and don'ts of patenting - Includes useful resources for helping inventors safeguard their ideas
Pharmaceutical and Biotech Patent Law provides you with the legal, scientific, and technical information you need to help clients obtain, defend, and challenge patents in these important business areas. This practical guide shows you how to craft problem-free patent applications, including how to partner with the government to bring patented inventions quickly to the marketplace - invalidate competitors' patents by proving that they fail to meet key requirements - protect against various forms of patent infringement - and successfully rebut charges of infringement. It includes detailed checklists that help you resolve thorny patent problems in the complex pharmaceutical and biotech fields, and is regularly updated to reflect Federal Circuit rulings and other significant court decisions.