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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.
"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.
The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Provides an overview of intellictual property law, with a special emphasis on patent litigation.
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
The definitive primer on intellectual property for business professionals, non-IP attorneys, entrepreneurs, and inventors Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, the Second Edition of this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and case law in intellectual property. Presents fundamentals of patents, trademarks, copyrights, trade secrets and other less-know forms of IP, such as registered design and mask works Covers important concepts such as IP strategy, protection, audits, valuation, management, and competitive intelligence Offers an introduction to IP licensing and enforcement Now features discussion of critical precedent-setting recent IP cases and proposed patent reform Providing business professionals and IP owners with in-depth knowledge of this extremely important subject, this book helps those new to this field gain a better understanding and appreciation for the results of their creative abilities.
Business is an important part of making games and the legal aspects have also become significant. Business and Legal Primer for Games explores the major legal and business issues involved in game development with a particular focus on starting a business. The book contains practical introductory sections on business and legal problems that members of the development community are often confronted with. These problems include business structure, contracts, employment law, taxation, and IP. Those seeking to start their own game development company will receive invaluable information regarding getting started, basic business operations, marketing, licensing intellectual property, and exit strategies. Business and Legal Primer for Games is the ideal starting point with any who has ever wanted to start a game business and an excellent reference of information for those who already are involved in game development.
ESSENTIALS OF INTELLECTUAL PROPERTY Full of valuable tips, techniques, illustrative real-worldexamples, exhibits, and best practices, this handy and concisepaperback will help you stay up to date on the newest thinking,strategies, developments, and technologies in intellectualproperty. "Alexander Poltorak and Paul Lerner have written the definitiveprimer on intellectual property for business professionals.Thorough in its coverage and understandable in its delivery,Essentials of Intellectual Property provides not only anoutstanding summary of intellectual property basics, but a usefuland sensible strategy for using intellectual property to the bestneeds of a business. Poltorak and Lerner have combined theirin-depth knowledge of patent law with their savvy business skillsto yield an indispensable reference for the businessprofessional." —Jeffrey L. Brandt, Patent Attorney, Former Senior VicePresident and Intellectual Property & Licensing Counsel,priceline.com "Alex Poltorak and Paul Lerner have pulled off a mighty featwith Essentials of Intellectual Property. They have crafted a workthat is clear for the beginning practitioner while nuanced andsophisticated for the savvy tech transfer and IP managementveteran. Lively and often witty writing is a treat not often foundin tomes on what can be a dry subject. With Essentials ofIntellectual Property, the practitioner has a new literary tool fortying IP strategy to the business reality of tomorrow." —Edward Kahn, Founder and President, EKMS, Inc., Cambridge,MA "This critically important new volume of work not only providesthe professional with a greater knowledge of this vast subject, butalso the novice with a better understanding and appreciation forthe results of their creative abilities." —Lawrence J. Udell, Executive Director, California InventionCenter, Professor of New Ventures and Entrepreneurship The Wiley Essentials Series—because the businessworld is always changing...and so should you.
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.