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.
SUMMARY OF CONTENTS
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
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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.
2016/247 pp. Softcover
“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