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"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.
Patent Disputes: Litigation Forms and Analysis, Second Edition contains over 60 full-length agreements - with accompanying checklists and commentary - covering virtually every area of patent litigation in federal courts and before other administrative bodies, such as interpartes proceedings in the PTO. The book is organized sequentially, following the course of the litigation process - from complaint to appeals. Forms include: Sample complaints for federal court and administrative proceedings Sample answers, counterclaims and third party complaints Sample motions ranging from Motion to Dismiss to Motions for Sanctions/Attorney's Fees Discovery forms, such as interrogatories and protective orders Forms for Markman Hearings Trial forms such as jury instructions Forms for appeal such as Notice of Appeal, and Petition for Cert With your purchase of Patent Disputes: Litigation Forms and Analysis, Second Edition, you'll also receive the bonus companion CD-ROM containing fully customizable versions of all of the forms and documents in the book.
Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA’s substantive provisions. More specifically, and whenever possible, each discussion of the AIA’s provisions includes the following key features: An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come. An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section.
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 Law Basics for Chemists and Research Professionals provides an accessible overview for chemists, research scientists, pharmaceutical researchers and R&D executives. The book discusses the types of inventions patented in the life sciences, and in the chemical and pharmaceutical technologies, covering the basic legal requirements for obtaining a patent, along with common application mistakes. Delving deeper into what can be a mysterious process to the outsider, the book also explores relevant case law and typical patent litigation. Beginning with the basics, this useful primer introduces the reader to patents, patents rights and other types of intellectual property, such as trademarks and copyrights. A sample patent is dissected to explain its various parts and interpretation. By providing chemists and research professionals with a better understanding of the information needed to obtain the strongest possible patent protection, scientists can work with patent professionals more effectively, thereby enhancing the strength and value of patents with which they are involved.