Patent Law and Practice (formerly Schwartz's), Ninth Edition
Patent Law and Practice was first published by the Federal Judicial Center in 1988 as a one-volume concise but comprehensive introduction to patent law for federal judges. Since that time, judges and their law clerks have come to rely on this handy reference for up-to-date information on patent law as it has evolved in response to the courts, Congress, and changes in practice at the Patent and Trademark Office (PTO). Patent Law and Practice has been cited by courts more than 100 times since its initial publication, most notably in the Supreme Court decision Markman v. Westview Instruments, Inc.
The Ninth Edition summarizes and analyzes recent developments in the law, including:
- Patent-eligible subject matter: the body of law that has emerged to implement the Supreme Court’s decisions in Association for Molecular Pathology v. Myriad (2013) and Alice Corp. v. CLS Bank International (2014)
- Monetary remedies: the changing requirements for analyzing issues of reasonable royalty and issues relating to motions for finding “exceptional case” as a predicate for a motion for attorneys’ fees
Post-grant review in the PTO: the interplay between inter partes validity review (IPR) proceedings in the PTO and related District Court patent infringement litigation, including issues relating to claim construction and estoppel
The Ninth Edition also incorporates into its text additional developments, including the availability of injunctive relief after Federal Circuit’s trilogy of decisions in Apple v. Samsung (2012–13), indefiniteness after the Supreme Court’s revised standard in Nautilus, Inc. v. Biosig Instruments, Inc. (2014), and more.
The Eighth Edition of this book was named Schwartz’s Patent Law & Practice in memory of the original author of the first five editions, Herbert F. Schwartz. The title returns to the classic Patent Law and Practice for this Ninth Edition.
Robert J. Goldman