Book

Evidence in Patent Cases

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. 

Price: $355.00 Main Edition


Description

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 

 

 

Authors

 

Kenneth L. Dorsney is a partner and Chair of the Intellectual Property Practice in the Wilmington, Delaware office of Morris James LLP.  He is a registered United States patent attorney and former judicial clerk to the Honorable Chief Magistrate Judge Mary Pat Thynge, U. S. District Court for the District of Delaware, and to the Honorable District Court Judge Kent A. Jordan, U. S. District Court for the District of Delaware (now on the U. S. Court of Appeals for the Third Circuit).  Ken has assisted outside counsel and clients as Delaware counsel or co-counsel on over four hundred patent cases involving a broad range of technologies, including numerous pharmaceutical cases brought under the Hatch-Waxman Act.  His Juris Doctor is from the University of Pittsburgh School of Law, and he earned degrees in Mechanical Engineering and Criminal Justice from the University of Delaware.   

 

Chapter contributors are experienced patent litigators.

 

 

American Intellectual Property Law Association

 

Contents

Reviews

 

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. 

 

Stephen G. Kunin

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