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"Section of Intellectual Property Law, American Bar Association."
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.
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.
This guidebook provides an overview of the choices faced by businesses that find themselves accused of infringing a patent. It includes a summary of potential defenses and options available to an accused infringer. Strategies for keeping the cost of defense down are discussed as is the often overlooked issue of finality. Compact and readable, this book can be used by businesses to shine some light on a process that can seem like a black box. It can also serve as a convenient resource for the busy patent litigator or as a digestible introduction for lawyers new to patent litigation.This second edition has been revised to reflect new developments, including the passage of the America Invents Act of 2011. Other new features include a glossary and a section on the process of litigation.
Now in the Second Edition, Patent Licensing and Selling: Strategy - Negotiation - Forms has been completely updated and significantly expanded to include additional strategies for successfully monetizing a patent portfolio. Featuring hundreds of sample licensing clauses and provisions, Patent Licensing and Selling, Second Edition shows you how to draft fair and litigation-free patent license and patent purchase agreements that serve your clients' interests, satisfy other parties, and shield clients from legal exposure. The author helps you: -Avoid terms that trigger delays and disputes -Grant exclusive patent licenses and successfully buy or sell a patent portfolio -Retain the right to choose which markets to enter first -Swiftly bring licensed or purchased products to market -Protect against infringement of licensed or purchased patents -Set license duration and termination guidelines -Maintain the confidentiality of agreements It also provides direction on such other mandatory topics in a patent purchase agreement as: -Representations and warranties of both the buyer and the seller, including authority to sell, title to the patents, the validity and enforceability of the patents, any pre-existing licenses or other obligations affecting the patents, and notice of any other legal proceeding that might affect rights to the patents -Purchase price and payment requirements -Taxes -Closing requirements In addition Patent Licensing and Selling, Second Edition includes a complete discussion of the recently decided U.S. Supreme Court case, Bowman v. Monsanto, which held that patent exhaustion does not permit a farmer to reproduce patent-ed seeds through planting and harvesting without the patent holder's permission. Updated at least once a year, Patent Licensing and Selling: Strategy - Negotiation - Forms is a vital handbook for patent practitioners and other intellectual property attorneys, corporate counsel, corporate executives, patent officials, and inventors.
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Trial Handbook is the one-stop resource you can trust in the planning, trial, and post-trial stages of litigation.
FROM PATENT TO PROFIT Patents and patent strategies are increasingly pertinent to the success of information age businesses, from affecting valuations to gaining tax advantages to increasing the starting price per share when taking a company public. Patent Strategy illustrates the impact patents can have on technology-driven businesses' tactical and strategic efforts. Here is step-by-step guidance to the patent process, the laws, and basic strategies-from a business-goal perspective-so that middle and upper-level managers can recognize the significance of patents in relation to a particular business and can incorporate proper patent management efforts into their business framework. In addition, this book serves as an invaluable reference for management and executives when making patent-related decisions such as whether a patent infringement study must be performed; whether the budget for patent matters should be increased or decreased; whether attempts should be made to license certain patent technology; and whether the firm should sue for patent infringement. * Case studies throughout the book give you a specific business context within which to consider the concepts introduced * Statistics are presented to assist you in assessing various issues, planning patent strategies, and implementing patent management programs