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

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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 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 regardless of whether 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 Collaborative Services 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 U.S.C. §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

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2010/1,708 pp. Hardcover/Order #9079P

2012/ISBN 9781617460791/Order #2079

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About the Editors-in-Chief
Barry L. Grossman is of 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 joined Dickstein Shapiro in 1986 and focuses his practice on intellectual property law, unfair competition, and computer law, including litigation, licensing, and creation of asset management programs.

ABA Section of Intellectual Property Law 

Barry L. Grossman, Gary M. Hoffman, Editors-in-Chief, ABA Section of Intellectual Property Law 

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• Summary Table of Contents
• Detailed Table of Contents
• Preface
• Board of Editors

Supplement Information

Order 2012 Cumulative Supplement now. 

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