Price: $355.00 Main Edition
Meet The Authors
Patent evidence from filing to appeal in one handy comprehensive resource by some of the top patent litigators in the U.S.
Success in patent litigation often turns on the ability or inability to admit or exclude evidence. Evidence in Patent Cases explains the use of evidence as it relates specifically to the issues encountered in patent litigation from case initiation through appeal. The authors, a team of experienced patent litigators, share insight, analysis, practice notes, and case citations, making this book very handy for litigators looking to object or overcome an objection with solid case law at their fingertips.
The book’s unique format is divided into two distinct parts. Part I provides case strategy and analysis in patent cases viewed through the lens of the evidence required to achieve the patent litigator’s objective during each stage of litigation and appeal, giving the reader a comprehensive understanding of evidentiary issues as they arise in patent litigation.
Part II provides the full text of each Federal Rule of Evidence, formatted for quick and easy location and reading, and the authors analyze each rule in the context of patent litigation, offers explanatory commentary, practice tips, and a collection of annotated case digests showing application of the rules to the facts of the patent case to give patent litigators a quick and easy reference to quickly find support for evidentiary positions during the heat of pre-trial, trial, and/or hearings involving the introduction of evidence.
Summary of Contents
Chapter 1 Introduction
Part I: Evidentiary Issues in Patent Litigation
Chapter 2 Preliminary Evidentiary Issues
Chapter 3 Evidentiary Issues in Preliminary and Permanent Injunction Hearings
Chapter 4 Evidentiary Issues During Discovery
Chapter 5 Specific Types of Patent Evidence
Chapter 6 Pre-Trial Issues: Claim Construction and Summary Judgment
Chapter 7 Trial
Chapter 8 Evidentiary Issues in Claims of Willful Infringement
Chapter 9 Evidence Issues Regarding Inequitable Conduct
Chapter 10 Evidence Issues in AIA Trials (title might change to PTAB Trials)
Chapter 11 Evidence Issues in Investigations at the U.S. ITC
Chapter 12 Hatch-Waxman Cases
Chapter 13 Evidentiary Issues in the Federal Circuit Court of Appeals--Preservation and Avoiding Waiver
Part II: Federal Rules of Evidence in Patent Litigation
Chapter 14 General Provisions
Chapter 15 Judicial Notice
Chapter 16 Presumptions in Civil Actions and Procedures
Chapter 17 Relevancy and Its Limits
Chapter 18 Privileges
Chapter 19 Witnesses
Chapter 20 Opinions and Expert Testimony
Chapter 21 Hearsay
Chapter 22 Authentication and Identification
Chapter 23 Contents of Writings, Recordings, and Photographs
Chapter 24 Miscellaneous Rules
I am a former Deputy Commissioner at the U.S. Patent and Trademark Office and a former Director of the J.D. and L.L.M Intellectual Property Law Program who served as well as an adjunct professor of patent law at the Antonin Scalia Law School at George Mason University. I have also been a co-author of the BNA-published Electronic and Software Patents: Law and Practice treatise. In these capacities, I have had extensive experience in reviewing casebooks and treatises for use by law schools and patent practitioners. I also have extensive knowledge of the Federal Rules of Evidence (FRE) and their application.
I have reviewed a pre-publication version of Evidence in Patent Cases and applaud the work of the excellently credentialed authors for their comprehensive treatment of the subject matter and clarity of text. The analysis of the supporting case law is well explained and easy to understand. The treatise will serve both the bench and bar well as a reference work that provides a well-organized presentation of the essentials of the application of the FRE within the context of patent litigation.
Partner, Maier & Maier, PLLC, Former Deputy Commissioner, USPTO, Former Director of the J.D. and L.L.M Intellectual Property Law Program, Antonin Scalia Law School at George Mason University
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