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This invaluable treatise, in 35 chapters, breaks down strategic reasoning behind every phase of patent infringement litigation, from prelitigation issues and initial client counseling through the filing of the Notice of Appeal. The book explores the perspectives and strategies of both patent owners and patent challengers, providing updates on the most recent trends in patent litigation and winning strategies from some of the country’s leading attorneys.
The Fourth Edition includes:
The 2017 Cumulative Supplement adds analysis of a number of Supreme Court rulings, among other new discussions:
Samsung Electronics Co. v. Apple Inc.: in the case of a multicomponent product, the term “article of manufacture” is broad enough to encompass both a product sold to a consumer as well as a component of that product
TC Heartland LLC v. Kraft Foods Grp. Brands LLC: a patent infringement lawsuit against a domestic corporation may be brought only in (1) the state in which that defendant is incorporated or (2) where that defendant has committed acts of infringement and has a regular and established place of business; the Court declined to address any implication its ruling might have on venue in patent cases filed against foreign defendants
Sandoz, Inc. v. Amgen, Inc.: the Court decided the first case construing the Biologics Price Competition and Innovation Act
SCA Hygiene Products v. First Quality Baby Products: laches is not a defense against a claim for damages brought within the six-year limitations period of Section 286 of the Patent Act
Impression Products, Inc. v. Lexmark Intern., Inc.: the sale of a patented item domestically or abroad exhausts the patent rights as to those items, regardless of any contractual restrictions on purchasers, but the Court distinguished the effect of such restrictions on licensees, which would not exhaust the patentee’s patent rights, at least until a sale to the end purchaser
Kindred Nursing Ctrs. Ltd. P’ship v. Clark: a court may invalidate an arbitration agreement based on “generally applicable contract defenses” like fraud or unconscionability, but not on legal rules that “apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue”
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