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PATENT LAW & PRACTICE, 5TH EDITION

HERBERT F. SCHWARTZ

Intellectual Property

Bna Books

The source judges use to review patent issues. Patent Law and Practice was first published for federal judges by the Federal Judicial Center, and the FJC continues to distribute each new edition to the judges and their clerks to keep them up to date on patent law changes. This insider s look at patent litigation helps you to forecast how your case arguments will be interpreted by the court. The judiciary relies on Patent Law and Practice, citing it often, most notably in the 1996 Supreme Court decision affecting almost every subsequent patent case Markman v. Westview Instruments. Patent Law and Practice, Sixth Edition has been updated to reflect changes in patent law since the last edition. Major cases impacting patent law are: In re Bilski (2008, Fed. Cir. en banc), in which the Federal Circuit established a new standard for the patentability of business method processes and algorithms. eBay, Inc. v. MercExchange, LLC (2006,S.Ct.), in which the Supreme Court overturned the test applied by the Federal Circuit relating to the availability of permanent injunctions in patent litigation MedImmune, Inc. v. Genentech, Inc. (2007, S.Ct), in which the Supreme Court expanded the availability of declaratory judgment jurisdiction for companies seeking to challenge the patent of another KSR Int l v. Teleflex, Inc., (2007, S.Ct), in which the Supreme Court revisited the law of invalidity for obviousness for the first time in a generation, revising the standard applied by the Federal Circuit since the 1980s In re Seagate Tech., LLC (2007, Fed. Cir. en banc), in which the Federal Circuit reversed 24 years of decisions and established a new standard for assessing willful infringement, a precursor to an award of increased damages and attorneys' fees Critical new issues addressed. The Sixth Edition covers the Federal Circuit response to these and other recent Supreme Court decisions, as well as the Federal Circuit's continued evolution of the law relating to claim construction, invalidity for anticipation, the statutory disclosure and claiming requirements, indirect infringement, infringement under the doctrine of equivalents, and the defense of inequitable conduct. You can use the latest edition of Patent Law and Practice to: cite cases and sources relied upon by the bench. direct the judge to a specific page in the guide for a key case or explanation. understand and specifically address procedural issues facing the court.

Patent Law and Practice

BNA Books, Bureau of National Affairs

Patent Law and Practice was first published by the Federal Judicial Center in 1988 as a one-volume introduction to patent law for federal judges. Since that time, the judiciary has come to rely on this reference for up-to-date information on patent law as it has evolved in response to the courts, Congress, and changes in practice at the Patent and Trademark Office (PTO). Patent Law and Practice has been cited by courts more than 100 times since its initial publication, most notably in the Supreme Court decision, Markman v. Westview Instruments. Now, with the all-new Seventh Edition, the authors provide the latest analysis of the most recent case law and new legislation, including the Leahy-Smith America Invents Act, enacted into law on September 16, 2011. This law encompasses sweeping changes to the U.S. patent code, including a move to the first-inventor-to-file priority system and new options for testing the validity of an issued patent. The handbook also has been updated with discussion of the most important patent law decisions from the past three years, including: Bilski v. Kappos (2010, S. Ct.), in which the Supreme Court addressed the scope of patentable subject matter, paving the way for resolution of validity challenges in the fields of business method patents, computer software, and biotechnology inventions i4i v. Microsoft (2011, S. Ct.), in which the Supreme Court established the burden of proof for allegations of patent invalidity and explained how to address in litigation the problem of prior art that was not considered by the PTO during prosecution of the patent in suit Therasense v. Becton Dickinson (2011, Fed. Cir.), in which the Federal Circuit redefined the defense that a patent may be unenforceable because of inequitable conduct, overturning 30 years of decisional law Uniloc v. Microsoft (2011, Fed. Cir.) and a series of related decisions beginning with Lucent v. Gateway (2009, Fed. Cir.), in which the Federal Circuit began to establish new standards for asserting and proving reasonable royalty damages The Seventh Edition covers these decisions, as well as the Federal Circuit s continued evolution of the law relating to claim construction, invalidity for anticipation and obviousness, the statutory disclosure and claiming requirements, indirect infringement, and the availability of injunctive relief for patent infringement. Practitioners will use the latest edition of Patent Law and Practice to: Cite cases and sources relied upon by the bench Direct the judge to a specific page in the guide for a key case or explanation Understand, and specifically address, procedural issues facing the court To simplify research in the large volume of Federal Circuit decisions and cut down on research time, the treatise s footnotes have been revised and shortened to provide only the relevant leading cases and recent examples of how the Federal Circuit has applied the law.

Patent Law and Practice, Seventh Edition

Robert J. Goldman

Reference

Bloomberg BNA

The Fourth Edition, with its new author team, is recommitted to the book's original purpose and design by focusing on the following core features: Up to date, presenting major contrasting views on key issuesAmple explanatory text and notes to best serve the book's dual role as a casebook for students and a treatise for practitionersSIDE BARS written especially for the book by prominent practitioners, government officials, and academics, an innovation now in wide use that began with this bookEmphasis on concrete applications at the practical level and economic analysis at the theoretical level. Using case studies, case notes, examples, and problems to illustrate points under consideration, this casebook presents the patent law process sequentially, highlighting the legal history and discussing the intricacies of law and technology. Covering such topics as obtaining a patent, utility, infringement, and remedies, recognized authorities provide expert commentary and advice from the viewpoint of both attorney and judge. The updated edition covers important legislative, administrative, and judicial developments, including comparative analysis with patent systems outside of the US.

Principles of Patent Law (University Casebook Series)

Pauline Newman

Henry, Smith

F. Scott Kieff

Foundation Press

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