Skip Page Banner  
Skip Main Content

Patent Litigation Strategies Handbook, Third Edition, with 2013 Cumulative Supplement

Patent Litigation Strategies ppk large



Buy Now

   
View the Brochure 

Get the knowledge, insights, and strategies needed to win cases, from many of the most experienced patent litigators in the country

Main Volume Information

Patent Litigation Strategies Handbook, Third Edition addresses both the “how-to” and the “why-to” of patent litigation, with specific, proven tactics for protecting 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 discussions on, analysis of, and 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 provides updates on the most recent trends in patent litigation and winning strategies from some of the country’s leading attorneys, from both a patent owner’s and a challenger’s perspective. 

The Third Edition gives procedural developments and pronouncements on claim construction, as well as tips on how to address them. It includes:

  • An insightful chapter on the judge’s viewpoint—a key element in any patent case strategy—from Chief Judge James F. Holderman, United States District Court, Northern District of Illinois, which also includes common sense advice and practical tips for litigators
  • A chapter thoroughly examining the importance of, and the ethical, fiduciary, and privilege pitfalls that arise in a strong joint-defense agreement
  • A settlement chapter discussing the long life and broad reach of a patent infringement settlement, and the fact that it often includes a prospective license between plaintiff and defendant
  • Coverage of the latest, most influential cases in patent law, including Warner-Lambert Co. v. Apotex Corp.; Takeda Chemical Industries, Ltd.v. Watson Pharmaceuticals, Inc.; Micro Chem. Inc. v. Lextron Inc.; and Pension Committee, where Judge Scheindlin provides a detailed analysis concerning litigation holds and spoliation of evidence

Supplement Information  
The 2013 Cumulative Supplement reflects recent changes to U.S. patent law, from the implementation of provisions of the America Invents Act, including:

  • Post-grant proceedings before the U.S. Patent and Trademark Office, and their impact on patent litigation strategies, to help practitioners leverage these procedures
  • Instructions for patent enforcers to use supplemental examination to consider, reconsider or correct information believed to be relevant to issued patents, to protect the patent portfolio from attack by third parties 

Relevant case law discussed in the Supplement includes:

  • Association of Molecular Pathology v. Myriad Genetics, in which the Supreme Court held that naturally-occurring DNA sequences are not rendered patent-eligible by “isolating” them from other matter under 35 U.S.C. §101
  • CLS Bank International v. Alice Corp. Pty. Ltd., in which the Federal Circuit, en banc, considered patentable subject matter in light of the Supreme Court’s decision in Bilski v. Kappos, and produced a per curium opinion that addressed the issue of patent-eligible subject matter under 35 U.S.C. §101, in connection with software-implemented methods
  • Bowman v. Monsanto, in which the Supreme Court confirmed the limits of the patent exhaustion doctrine, holding that a first authorized sale of a patented invention does not give the purchaser the right to make copies of the patented invention
  • Akamai Technologies v. Limelight Networks and McKesson Technologies v. Epic Systems, both dealing with liability for inducement of “divided infringement,” and the Court of Appeals for the Federal Circuit’s en banc decision holding that liability is established if one party induces another to carry out one or more steps, whether or not the multiple actors conducting the infringement have an agency relationship

Main Volume Information

2010/1,708 pp. Hardcover with 2013 Cumulative Supplement/Order #9315P


Supplement Information

2013/ISBN 9781617463150/Order #2315

Main Volume Information

About the Editors-in-Chief

Barry L. Grossman is former counsel with Foley & Lardner LLP and a member of and past leader of the Mechanical & Electromechanical Technologies and Trademark, Copyright & Advertising Practices.

Gary M. Hoffman is a retired partner in Dickstein Shapiro, LLP, Washington, D.C.

ABA Section of Intellectual Property Law  

 


Supplement Information

 

About the Editors-in-Chief

Gary M. Hoffman is a retired partner in Dickstein Shapiro, LLP, Washington, D.C.

William P. Atkins  is a partner in the Litigation Practice Group of Pillsbury, Winthrop Shaw Pittman, LLP, Tysons Corner, Va.

Deborah E. Fishman  is a partner in the Intellectual Property Practice Group of Dickstein Shapiro, LLP, Palo Alto, Calif.

ABA Section of Intellectual Property Law