BOOK

Anatomy of a Patent Case, Second Edition

A complete guide to the complex technical, procedural, and legal issues inherent in patent lawsuits. The handbook provides concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and judges.

Price: $175 Book

MEET THE AUTHORS
book-image
Henry B. Gutman
Editor-in-Chief
John L. Cooper
Editor-in-Chief
George F. Pappas
Editor-in-Chief

DESCRIPTION

 A concise—yet thorough—description of every stage of a patent case

Patent litigation has assumed a pivotal role in today's global economy. In response to the increased prominence of patents, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) has authored a manual that provides a balanced view of the issues in each phase of a patent case for judges and lawyers. Anatomy of a Patent Case is a concise yet substantial treatise that expertly covers all steps required to bring a patent case to trial, and the key elements that make such litigation unique.

Anatomy of a Patent Case specifically addresses the complex technical, procedural, and legal issues inherent in a patent lawsuit that are not usually found in other types of civil litigation. It is limited to the unique characteristics of patent litigation and has been added to the Federal Judicial Center's resource library for district court judges and their law clerks. The handbook provides concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and judges.

The Second Edition includes three important new chapters, analyzing:

  • The Leahy-Smith America Invents Act (AIA). The chapter describes the AIA's impact on patent litigation, summarizing the changes to the law and procedures. A legislative movement to revise the Act has been in the works for decades, and the AIA is the first comprehensive reform of the Patent Act since 1952. The authors' explanation allows practitioners and judges to quickly become familiar with the major provisions of the new law and to understand its impact on patent litigation.
  • Special considerations of Hatch-Waxman litigation. The handbook addresses the specific issues involved in litigating pharmaceutical patent cases arising under the Hatch-Waxman Act. There are important differences, both procedural and substantive, between the issues that arise in the numerous patent cases between generic drug companies and branded pharmaceutical firms with respect to ANDA filings, and those found in other forms of patent litigation. This new chapter is intended to introduce the non-pharma specialist to some of these wrinkles.
  • Use of special masters, court appointed expert witnesses, and technical advisors to aid the court in patent litigation. This issue has been the subject of increased attention in patent litigation and in other highly technical litigation areas. This chapter delineates some of the pros and cons of the use of such witnesses in the courts.

AUTHORS

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

Complex Litigation Committee of the  American College of Trial Lawyers.


Members of the American College of Trial Lawyers use coupon code ACTAOP at checkout to receive your 25% discount.

Henry B. Gutman is a partner at Simpson Thacher & Bartlett LLP, where he is the Chair of the firm’s Intellectual Property Practice Group, the Chair of the Complex Litigation Committee, and a member of the State Committee for Downstate New York.

John L. Cooper is the senior member and founder of Farella’s Intellectual Property Litigation Group where he has personally trained and mentored many leading trial lawyers. He regularly represents technology companies in complex patent actions and in cases addressing the confluence of intellectual property and antitrust issues.

George F. Pappas has served as lead counsel in more than 350 cases, having appeared in federal and state courts throughout the United States. Since 1990, he has been lead counsel in more than 150 patent cases for US and foreign companies. Mr. Pappas is a Fellow of the American College of Trial Lawyers and served as Former Chairman of the Complex Litigation Committee during the time the First Edition was available.

CONTENTS

View full tables of contents and read the book’s preface or introduction.

REVIEWS

Read what others have to say about this Bloomberg BNA book.

With its technical subject matter, procedural complexity, and high stakes in the marketplace, a patent case is the most challenging form of federal litigation. Every phase-filing, discovery, Markman hearings, pretrial proceedings, and multi-dimensional trials-presents new and unexpected tests of legal acumen. In a single manageable volume, this manual combines the best advice of some of the patent bar's most accomplished leaders. Lawyers and judges alike should use this resource as a tool to achieve success, both in trial and on appeal. 

Chief Judge Randall R. Rader

Court of Appeals for the Federal Circuit, Washington, DC


Anatomy of a Patent Case, Second Edition, written and edited by a "who's who" of patent litigators, offer practical guidance for dealing with almost any issue that can arise in patent litigation. The manual benefits from having been reviewed by a board of trial and appellate judges and an academic advisory board. It is concise and yet amazingly thorough. It begins with a relatively simple, hypothetical case to introduce those who are new to patent litigation to what patent litigation involves. It then discusses the issues that arise in each phase of a patent case and provides practical guidance which will be useful to both the newcomer and those with substantial experience in patent litigation. The manual is up-to-date on the latest developments and includes a chapter summarizing the significant aspects of the new America Invents Act. Judges, practitioners, students, business executives and others interested in patent litigation will find the manual an invaluable resource.

Ronald M. Whyte

Senior District Judge, U. S. District Court, Northern District of California


Everyone involved in the patent litigation process can benefit from the wealth of knowledge imparted by the experienced and talented authors and editors of Anatomy of a Patent Case, Second Edition.

Chief Judge James Holderman

United States District Court, Northern District of Illinois, Chicago, IL