The 2009 Cumulative Supplement gives you both the how-to and the why-to of patent litigation, with specific, proven tactics for protecting your clients interests. You get updates and expanded discussion and analysis of the most recent trends in patent litigation. For example, pharmaceutical patent litigation is one of the most active areas while only about 3 percent of all patent cases go to trial, the number of ANDA cases being tried is significantly higher. This treatise gives you winning strategies from many of the country s leading attorneys from both a patent owner s and a patent challenger s point of view. Of more general concern has been the confusion and controversy over claim construction that has followed the Federal Circuit s 1995 Markman decision. The 2009 Supplement Edition gives you the latest procedural developments and pronouncements on claim construction and how to address them.

Patent Litigation Strategies Handbook, 2nd Edition, 2009 Cumulative Supplement

ABA Section of Intellectual Property Law

Reference

BNA Books, A Division of Bureau of National Affairs

Drafting Patents for Litigation and Licensing, 2009 Supplement

Patent Litigation Strategies Handbook, Third Edition gives you both the how-to and the why-to of patent litigation, with specific, proven tactics for protecting your clients interests. Expert litigators provide practical, winning answers to questions such as Why sue in the first place? Should you consider ADR instead? What are your burdens of proof? What types of damages should you seek? and more. Get the discussion, analysis, and the strategic reasoning behind every phase of patent infringement litigation, from initial client counseling through the filing of the Notice of Appeal. Patent Litigation Strategies Handbook, Third Edition contains updated and expanded discussions and analyses of the most recent trends in patent litigation. For example, pharmaceutical patent cases are among the most litigious areas but only about three percent of all patent cases go to trial, while the number of ANDA cases being tried are significantly higher. You ll find that the Handbook gives you winning strategies from some of the country s leading attorneys, from both a patent owner s and a challenger s point of view.

Patent Litigation Strategies Handbook

Intellectual Property

Bna Books

The 2011 Supplement to Patent Litigation Strategies Handbook, Third Edition addresses recent developments and important topics including:  The Federal Circuit s handling of damages, which were handed down in several opinions, including Reqsnet.com Inc. v. Lansa, Inc., which required patent owners to be more detailed and rigorous in their presentation of damages evidence, and resulting legislation (H.R. 1249, the America Invents Act, and S.23, the Patent Reform Act of 2011) that did not impose any additional obligations on the court with respect to damages  Global-Tech Appliances, Inc. v. SEB S.A., in which the Supreme Court more clearly defined the law of induced infringement  The standard for proving prosecution latches, which was further clarified in Cancer Research Tech. Ltd. v. Barr Labs., Inc., in which the Federal Circuit ruled that the moving party must present evidence of intervening rights to establish that the patentee engaged in an unreasonable and unexplained delay in prosecution  The unique issues related to biotechnology patent litigation  The 2010 amendments to Rule 26(b)(4) effective December 1, 2010, dealing with the discoverability of drafts of expert reports and communications with counsel  The 2010 decisions of circuit courts of appeal regarding discovery issues, especially issues of discovery sanctions and spoliation  How the courts have dealt with issues of production and preservation of dynamic content that is frequently deleted, replaced, or edited such as caches, Wikis, data logs, and other intangible data, with a look at lessons learned from D.L. v. Dist. of Columbia, where a district court sanctioned the District of Columbia for failing to timely produce numerous e-mails  Reasonable royalty in light of the Federal Circuit s 2011 decision in Uniloc USA, Inc. v. Microsoft Corp., which scrutinized the methodology used bysome experts on the subject.

Patent Litigation Strategies Handbook, Third Edition, 2011 Supplement

This book includes thoughtful and balanced treatment of the key legal developments in the courts, agencies, and legislatures. It provides comprehensive coverage of: proposed legislation and agency rules; recent Supreme Court cases (Ebay and Medimmune); recent Federal Circuit en banc decisions (In re Seagate and Eqyptian Goddess); recent federal circuit decisions on business method patents (In re Bilski and In re Comiskey); new patent and TTAB rules; and recent patent developments concerning standards setting organizations.

Annual Review of Intellectual Property Law Developments: 2006-2008

Business

American Bar Association]

The 2012 Cumulative Supplement addresses recent developments and important topics including: Akamai Technologies v. Limelight Networks and McKesson Technologies v. Epic Systems, where the Federal Circuit held that liability is established if one party induced another to carry out one or more steps whether or not the multiple actors conducting the act of infringement have an agency relationship Kappos v. Hyatt, in which the Supreme Court held that there are no limitations on a patent applicant s ability to introduce new evidence in a §145 proceeding beyond those already present in the Federal Rules of Evidence and the Federal Rules of Civil Procedure Mayo v. Prometheus Laboratories, where the Supreme Court held that patent claims directed to methods of optimizing the dose of specific drugs used in the treatment of specific conditions are invalid under 35 U.S.C. §101 because they impermissibly claim laws of nature The Federal Circuit s interpretation of 35 USC §101 finding the diagnostic method claims based on comparing or analyzing DNA sequences are not patent-eligible, but the isolated DNA claims are patent-eligible, including those encompassing genomic DNA The Federal Circuit s en banc decision in Marine Polymer Technologies v. HemCon holding that intervening rights do not apply to claims that have not been amended in a reexamination and thus are not new In re MSTG, where the Federal Circuit held that settlement negotiations related to reasonable royalties and damage calculations are not protected by a settlement negotiation privilege and that a district court did not clearly abuse its discretion in ordering production of the settlement negotiation documents.

Patent Litigation Strategies Handbook, Third Edition, 2012 Cumulative Supplement

Bloomberg BNA

A trademark is often a company s most valuable asset because it identifies and distinguishes the source, origin, and quality of the company s services and products in the marketplace. To maintain a trademark s value, owners must vigorously defend and protect their brands against tarnishment, infringement, and misappropriation by others. Trademark Infringement Remedies, Second Edition provides owners and their counsel with the up-to-date information they need to do this effectively. This valuable reference gives practitioners complete and authoritative coverage of all aspects of trademark rights, liabilities, and remedies in both traditional and emerging forms of trademark use and abuse. In light of the rapid pace of new developments in the law, the treatise addresses every aspect of civil infringement remedies available today in federal and state courts. The new Second Edition begins with an overview of the law of trademarks and its developments and offers eleven updated chapters, discussing: Necessary elements in establishing liability for trademark and unfair competition Principles for equitable relief and the impact of bad faith on a practitioners case Issuance of preliminary and permanent injunctions What can happen if a wrongful seizure of another s goods occurs in the area of extraordinary relief When, and under what circumstances, attorney s fees may be obtained by either party in civil litigation Availability of special enforcement remedies such as cancellations, disclaimers, and corrective advertising Relief and remedies under state law for infringement and unfair competition Special relief available in a counterfeiting case.

Trademark Infringement Remedies, Second Edition (Intellectual Property Titles from Bloomberg Bna)

Brian E. Banner

A guide through the minefield of court decisions that have systematically eroded the scope and validity of patents Main Volume Information Drafting Patents for Litigation and Licensing helps practitioners draft the broadest possible patent that can sustain a validity challenge by synthesizing and applying lessons from the case law. Nearly every day, the courts provide patent practitioners with practical guidance on how to best comply with the requirements of the patent statute. Drafting Patents for Litigation and Licensing provides an organized review of these lessons and guidance for applying them. This treatise not only benefits the patent practitioner, but it also aids and advances the patent system: better, stronger patent applications can result in higher-quality patents of value both to their owners and to the public. The treatise contains in-depth discussions on pitfalls in claim drafting; dangers of means-plus function clauses in claims; strategies to target direct infringers; recent trends regarding the scope of enablement; instructions on how to Festo-Proof a patent application; pitfalls with provisional patent applications; strategies for continued prosecution of patents; statutory subject matter problems affecting software, business method and biotechnology patents; creative claim drafting to avoid common problems in chemical and pharmaceutical patents; and strategies for maximizing design patent protection. The new Second Edition has been extensively revised to address passage of the Leahy-Smith America Invents Act (AIA), including supplemental examination of patents under AIA. The treatise examines patenting strategies in view of the Biologics Price Competition and Innovation Act of 2009, looking at effective reexamination strategies in view of concurrent litigation. It also features a new chapter on Validity Trials at the Patent Trial and Appeal Board, including trial procedures, inter partes review, post-grant review and transitional program for covered business method patents (part of the AIA). In addition, strategies are offered for dealing with obviousness problems. The Second Edition focuses on real-life examples taken from court decisions, especially those from the Federal Circuit in which patents were interpreted, enforced or licensed in a way that was either beneficial or detrimental to the patent owner. New cases discussed include: Association for Molecular Pathology v. Myriad Genetics, on the patentability of isolated DNA Akamai Technologies v. Limelight Networks, on risks of divided infringement claiming strategies Boehringer Ingelheim v. Barr Labs, on propriety of filing a divisional of a divisional during continuing prosecution Halliburton Energy Services v. M-I LLC, on risks of using functional terminology to define claim scope Mayo Collaborative Services v. Prometheus Labs, on patentability of claims directed to medical diagnosis and treatment Aristocrat Technologies Australia v. International Game Technology, on problems when using means-plus-function clauses in computer software-related inventions Bilski v. Kappos, on unpatentability of abstract ideas Ariad Pharmaceuticals v. Eli Lilly, on distinctness of written description requirement from enablement requirement Egyptian Goddess Inc. v. Swisa, on guidelines for drafting design patents and test for infringing a design patent Abbott Labs v. Sandoz, on infringement of a product-by-process claim

Drafting Patents for Litigation and Licensing

Rules & Procedures

Drafting Patents for Litigation and Licensing, 2nd Ed, 2014 Supplement

Bradley C. Wright

The 2014 Cumulative Supplementis current through May 2014 with significant additional developments through June 2014. New to the Supplement are a new chapter covering practice before the Patent Trials and Appeals Board, with a focus on the new post-grant review proceedings introduced by the America Invents Act, providing practical advice to practitioners before the Board and strategic considerations in using PTAB proceedings as an adjunct or alternative to patent litigation; discussions providing insight into recent Supreme Court decisions redefining and clarifying principles of patent law on topics including patentable subject matter, indirect infringement, definiteness, and exceptional fee awards; review of federal court decisions following the Supreme Court s 2013 decision in Actavis; and analysis of USPTO memorandum to the Patent Examining Corps on Guidance for Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena, & Natural Products.

Patent Litigation Strategies Handbook, Third Ed, 2014 Cumulative Supplement

See the best price to sell, buy, or rent books by ABA Section of Intellectual Property Law. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by ABA Section of Intellectual Property Law