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This book is directed to in-house counsel, potential witnesses, and parties who are or may become involved in patent litigation. The book is divided into two Parts. In the Part One, reflections of the party patent owner and the party infringer in the midst of a patent litigation sets the stage for the intersection of market commerce and patent litigation in the competitive world. In the second chapter in Part One, a typical scenario is provided as to how a patent dispute may arise. Part Two is directed to a step-by-step description (at a relatively broad level) of all stages of patent litigation, from filing of complaint through discovery, fact and expert depositions, mediation, design around considerations, pretrial order, patent jury trial and appeal. The Appendices include a glossary of patent terminology, a set of actual jury instructions, a Markman opinion on claim construction, and a recent statement by the FDC regarding deficiencies in the current patent litigation system. TABLE OF CONTENTS Preface: The Patent System–Flawed but Workable Chapter 1: Reflections of a Patent Owner and Alleged Infringer—A Week into a Patent Infringement Trial A. The Alleged Infringer B. The Patent Owner Chapter 2: Example of How a Patent Dispute Might Arise A. The Invention B. Patent Owner Learns of Competitor's Potential Infringement C. Meeting of Parties—Disastrous Results Chapter 3: The Dynamics of a Typical Patent Litigation: An Introduction A. The U.S. Patent Right B. “Prior Art” and the Date of Invention—Fundamental Concepts in Patent Law C. A Patent is a Right to Exclude, Not a Right to Use D. A Patent Infringement Lawsuit is Complex Litigation Chapter 4: The Complaint, Answer, Initial Disclosure, and Docket Control Order A. The Complaint B. The Answer C. Preparation of Initial Disclosures and Joint Discovery/Case Management Plan D. Docket Control Order Chapter 5: The Discovery Process—Planning the Case A. What Is “Discovery”? B. The Protective Order C. Protection of Privileged Documents and Information D. A Listing of Information Typically Relevant for Production in a Patent Infringement Case E. Third-Party Discovery F. The Role of the Experts G. Engagement of the Experts Chapter 6: The Markman Hearing: Impact of the Ruling Chapter 7: Is an Alternate Noninfringing Design Available to the Accused Infringer? Chapter 8: Mediation: What Is it? How Does it Work? Chapter 9: Fact Depositions A. Fact Depositions in General B. Preparing the Witness for Deposition C. Understanding the Deposition Process: Instructions to the Witness Chapter 10: Depositions of Experts Chapter 11: Summary Judgment Chapter 12: Jury Consultants and Jury Studies A. The Role of the Jury in a Patent Trial B. Jury Consultants—Pretrial C. Jury Consultants—Trial Chapter 13: Closing of Discovery/Pretrial Order Chapter 14: Final Preparation Before Trial Chapter 15: The Trial A. The First Day of Trial B. The Patent Owner's Case-in-Chief C. Hearing on Motions for Judgment as a Matter of Law D. The Accused Infringer's Case in Defense E. Rebuttal by Patent Owner F. Reading of Jury Instructions to Jury G. Closing Arguments H. Jury Deliberation and Verdict I. The Jury Verdict Chapter 16: Postrial Motions and Final Judgment A. The Final Judgment Will Likely Include an Injunction Chapter 17: Postrial Mediation and the Appellate Process A. Postrial Mediation B. The Appellate Process APPENDICES
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.
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.
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.
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.
Provides an overview of intellictual property law, with a special emphasis on patent litigation.
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.
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!
"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.