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Patents and the Federal Circuit, Eleventh Edition

Patents and the Federal Circuit, Eleventh Edition


Not Yet Published, But Available to Order.

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Complete commentary on the state of patent law

This monumental reference deals with both the high-profile cases and the “uncelebrated decisions” that tend to slip under the radar, and fits them into an analytical framework that reveals their true significance. The new Eleventh Edition incorporates important new topics and discussions of:

  • The AIA (America Invents Act), including its impact on reexamination, interference and derivation proceedings
  • Biotechnology and patentable subject matter under 35 U.S.C. § 101
  • New standards for establishing induced infringement of method claims
  • Mayo Collaborative Services v. Prometheus Labs and the Supreme Court’s ruling on the applicable test for determining the patentability of processes reciting laws of nature and its anticipated impact

In addition, the new edition covers major new Federal Circuit cases through the end of 2012, including:

  • Association for Molecular Pathology v. USPTO and the patentability of gene sequences
  • CyberSource Corp v. Retail Decisions and consideration of the machine-or-transformation test, post-Bilski
  • Eli Lilly & Co v. Teva Parenteral Meds and the showing required to establish nonstatutory double patenting
  • Orenshteyn v. Citrix Sys and the immediate appealability of sanctions rulings
  • Akamai Technologies v. Limelight Networks and the en banc decision on infringement standards, including relaxed standards for proving induced infringement of method claims
  • Lighting Ballast v. Phillips Electronics and the panel decision and grant of en banc review on appellate deference to lower court claim construction rulings
  • Marine Polymer v. Hemcon and the en banc decision on intervening rights, claim construction and claim differentiation
  • Caraco v. Novo Nordisk and the judicial authority to order changes to FDA use codes
2013/Approx. 1,900 pp. Hardcover/ISBN 978-1-61746-322-8/Order #2322

About the Authors
Robert L. Harmon (deceased) was a patent litigator who also served as a special master, arbitrator, and expert witness in patent infringement cases. He was with Brinks Hofer Gilson & Lione for 33 years.

Cynthia A. Homan is an attorney at Brinks Hofer Gilson & Lione, Chicago, IL, and writes briefs on substantive and procedural issues relating to all aspects of intellectual property law, with an emphasis on summary judgment and appeal briefs.  

Charles M. McMahon is an attorney at Brinks Hofer Gilson & Lione, Chicago, IL, and counsels clients and litigates on their behalf in the areas of patent, trademark, copyright, and unfair competition law. He has represented domestic and multinational clients in federal courts and before the U.S. Patent and Trademark Office.