Bloomberg BNA Releases Second Edition of “Anatomy of a Patent Case”

Bloomberg BNA has published the Second Edition of Anatomy of a Patent Case, a resource that covers both the steps required to bring a patent case to trial and the key elements that make such litigation unique. Anatomy of a Patent Case probes the complex technical, procedural, and legal issues inherent in a patent lawsuit—issues that are not usually found in any other type of civil litigation. This handbook is focused on 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. It 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 America Invents Act (AIA). The chapter describes the AIA’s impact on patent litigation, summarizing the changes to the law and procedures. AIA is the first comprehensive reform of the Patent Act since 1952 and a legislative movement to revise the Act has been in the works for decades. 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 all phases of 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 Abbreviated New Drug Application (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.

Anatomy of a Patent Case is prepared by the Complex Litigation Committee of the American College of Trial Lawyers. The Second Edition is edited by Henry B. Gutman, 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, a partner at FarellaBraun + Martel LLP, where he is the senior member and founder of Farella’s Intellectual Property Litigation Group, and has served as Regent and is a long standing Fellow in the American College of Trial Lawyers; and George F. Pappas, a partner at Covington & Burling, LLP, and a member of the firm’s national patent and intellectual property litigation group. This title isavailable for sale directly from Bloomberg BNA and is also available on the Bloomberg Law legal research system.