Patent Litigation Strategies Handbook, Second Edition

The premier source for insights into winning strategies for every stage of the patent litigation process.

More than 20 years after the creation of the U.S. Court of Appeals for the Federal Circuit, a surprisingly large number of significant patent law issues remain unresolved. Federal Circuit judges often disagree on patent law issues and the U.S. Supreme Court has taken up several cases over the past few years. This illustrates the volatility of patent law and the complexity of the issues that patent practitioners face. Now you can protect your clients’ assets with on-point advice from veteran patent litigators in Patent Litigation Strategies Handbook, Second Edition.

Patent Litigation Strategies Handbook, Second Edition gives you both the "how-to" and the "why-to" of patent litigation, with specific, proven tactics for protecting your clients’ interests. Expert litigators give you practical, winning answers to questions like "Why sue in the first place?" "Should you consider ADR instead?" "What are your burdens of proof?" "What types of damages should you seek?" and more. And—most important—this book focuses on resolving legal disputes efficiently, effectively, and professionally.

You get discussion, analysis, and the strategic reasons behind every phase of patent infringement litigation, from initial client counseling prior to suit through the filing of the Notice of Appeal. Experienced patent litigators will find the insights and analysis helpful in gaining a fuller understanding of the art. Novice litigators will benefit from the comprehensive discussions and practical advice on all aspects of patent infringement litigation.

Stay current on the latest developments in patent infringement litigation with Patent Litigation Strategies Handbook, Second Edition! Patent Litigation Strategies Handbook, Second Edition, provides expanded information on the most recent trends in patent litigation since the First Edition. For example, pharmaceutical patent litigation is one of the most active areas—while only about 3% of all patent cases go to trial, the number of ANDA cases being tried is significantly higher. Patent Litigation Strategies Handbook, Second Edition gives you winning strategies from some of the country’s leading attorneys from both a patent owner and a generic company point of view.

Of more general concern has been the confusion and controversy over claim construction that has followed the Federal Circuit’s 1995 Markman decision. The new edition also gives you the latest procedural developments and pronouncements on claim construction and how to address them.

In addition, ITC Section 337 actions are on the rise again. Patent Litigation Strategies Handbook, Second Edition, includes a new chapter on this area of the law that will help you understand how to effectively utilize this forum.

Other new chapters and updates included in Patent Litigation Strategies Handbook, Second Edition, are:

a revised and expanded chapter on patent trials

a new chapter on electronic discovery

a new chapter on willful infringement

a new chapter on use of experts in patent trials

Patent Litigation Strategies Handbook, Second Edition is a unique legal reference that gives you insight into the winning strategies used by many of the nation’s leading patent litigators. These individuals, hand-picked by the American Bar Association Section of Intellectual Property Law, distill a career’s worth of perspective into chapters that analyze and explain why a particular course of action will help—or hinder—your client.