Anatomy of a Patent Case, Third Edition


Patent litigation has assumed a pivotal role in today’s global economy. In response to the increased prominence of patents, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) has authored a manual that provides a balanced view of the issues in each phase of a patent case for judges and lawyers. Anatomy of a Patent Case, Third Edition is a concise yet substantial handbook that expertly covers all steps required to bring a patent case to trial, and the key elements that make patent litigation unique.

The Third Edition, also provided to the Federal Judicial Center’s resource library for district court judges and their law clerks, offers essential insights from leading experts and judges. It adds a new Chapter 15 on PTAB trials and their impact on patent litigation in federal courts; discusses changes in the law due to Supreme Court and Federal Circuit decisions, including what subject matter is eligible for patent protection, how the claim construction determination is to be made, and when attorneys’ fees should be granted; reviews amendments to the FRCP that alter pleading requirements; and much more.


    Chapter 1. The Pizza Box Case: Anatomy of a Case for Patent Novices

    Chapter 2. The America Invents Act and its Impact on Patent Litigation

    Chapter 3. The Complaint

    Chapter 4. Motions to Dismiss, to Strike, to Transfer

    Chapter 5. Answer and Counterclaims

    Chapter 6. Preliminary Injunction Motions

    Chapter 7. The Case-Management Conference

    Chapter 8. Discovery Issues Unique to Patent Cases

    Chapter 9. Claim Construction—The Markman Hearing

    Chapter 10. Summary Judgment Motions

    Chapter 11. Pretrial Issues and Motions In Limine

    Chapter 12. The Use of Special Masters, Court Appointed Expert Witnesses, and Technical Advisors to Aid the Court in Patent Litigation

    Chapter 13. Trial

    Chapter 14. Post-Trial Proceedings

    Chapter 15. AIA Trial Proceedings Before Patent Office

    Chapter 16. Special Considerations in Hatch-Waxman Litigation

    Chapter 17. The Appeal

    Chapter 18. Trial of a Patent Case in Canada

    Request your complimentary demo of Bloomberg Law for a first glimpse at the future of legal research. 

    About the Editors-in-Chief

    Harry J. Roper is a partner at Jenner & Block LLP, where he is Co-Chair of the firm’s Patent Litigation and Counseling Practice. He is past Chair of the Complex Litigation Committee of the ACTL and is a member of the Upstate Illinois Committee of the College of Trial Lawyers.

    John L. Cooper is a partner at Farella Braun + Martel LLP and the senior member and founder of its IP Litigation Group. He has served as an ACTL Regent and is a long-standing ACTL Fellow.

    Henry B. Gutman is a retired partner at Simpson Thacher & Bartlett LLP, where he was the Chair of the firm’s Intellectual Property Practice Group. He is a past Chair of the Complex Litigation Committee of the ACTL and was a member of the State Committee for Downstate New York.

    George F. Pappas is a partner at Covington & Burling, LLP and is a member of the firm’s national patent and IP litigation group. He is a past Chair of the ACTL Complex Litigation Committee.

    The American College of Trial Lawyers is an invitation only fellowship of exceptional trial lawyers of diverse backgrounds from the United States and Canada.


    2016/247 pp. Softcover

    ISBN 978-1-68267-115-3

    Order #3115


     “No better roadmap can be found to guide litigators or judges with limited or no personal experience in trying such cases through the maze patent enforcement litigation has become.”

    —The Honorable Paul Michel, Chief Judge (retired), U.S. Court of Appeals for the Federal Circuit

    You recently viewed

    Clear recently viewed