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This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.
Winning the Patent Damages Case serves as a guide to patent litigators and in-house counsel who are either considering an action for patent infringement or who are facing the spectre of a lengthy, expensive litigation. It offers readers an analytical framework for determining the likely damages award in a patent case, which is critical to the decision of whether to settle the case and for how much. It provides valuable information on how to structure the patent case from the outset and assists accused infringers in how to prepare a "shadow" damages case that may result in a much more reasonable damages award in the event of a loss. Finally, the book provides practical suggestions on how to select and work with a damages expert. The second edition discusses the Federal Circuit's decision in Lucent v. Gateway on the entire market rule and damages allocation, as well as subsequent decisions which have employed its reasoning. Other new developments include whether plaintiffs can use licenses obtained in litigation to prove an "established royalty" under the Georgia-Pacific factor No.1; and courts awarding ongoing royalties instead of imposing injunctions.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
This is an easy-to-use resource for practitioners facing a patent, trademark, or copyright issue for the first time, or looking for a refresher on IP law.
This is a comprehensive guide of the law at every level as it applies to cable networks, to cable's satellite competitors, and to the convergence of these technologies with the broadband Internet.
U.S. Patent Prosecutor's Desk Reference assists patent prosecutors in responding to Office Actions issued by the United States Patent and Trademark Office (USPTO) rejecting patent application claims. It provides a comprehensive and updated source of law, organized by sections corresponding to the types of rejections made by the USPTO. This 2012 Edition includes all cases from the Federal Circuit and Board of Patent Appeals through December 31, 2011, and is updated with: -Federal Circuit and Board of Patent Appeals and Interferences opinions issued in 2011 -A focus on precedential and informative opinions from the Board of Patent Appeals and Interferences -A new section on rejections under 35 U.S.C. 251 based on the recapture rule
A gripping inside look at high-stakes lawyering, A Patent Lie is further evidence that Paul Goldstein is an emerging master of the legal thriller.After being forced from his high-powered Manhattan law firm, Michael Seeley—the tough-but-wounded hero of Errors and Omissions—has set up shop in his native Buffalo. Partly out of need, partly out of pride, Seeley takes on a case for his estranged brother, whose small biotech firm is suing a Swiss pharmaceutical giant over a controversial new AIDS vaccine. Seeley heads out to Silicon Valley to lead the case, but soon realizes there is much more at stake than he was first led to believe. As certain partnerships come to light, and financial gains become staggeringly clear, Seeley's own life may be in grave danger.