Patent Litigation and Strategy
Patent Litigation and Strategy

Author: Kimberly A. Moore

Publisher: West Academic Publishing

Published: 2008

Total Pages: 952

ISBN-13:

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This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The casebook begins with discussions of who to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues. The Third Edition includes new material on pharmaceutical litigation under the Hatch-Waxman Act and the most developments in the law of invalidity and infringement. The book next addresses issues surrounding remedies, including injunctive relief (with a discussion of the Supreme Court's eBay decision), contempt proceedings, and damages. Also included are post-trial matters including jury instructions, special verdict forms, the preclusive effect of final judgments, judgment as a matter of law, and new trial motions. Finally, the book covers the appeal process and reexamination and reissue proceedings.

Patent Litigation and Strategy
Patent Litigation and Strategy

Author: Kimberly A. Moore

Publisher: West Academic Publishing

Published: 2013

Total Pages: 0

ISBN-13: 9780314278654

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This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The structure of the casebook is to move chronologically through a typical patent case. The book begins with discussions of whom to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues, including pharmaceutical litigation under Hatch-Waxman and other specialized infringement issues, such as infringing exports, infringement by multiple actors, and the extraterritorial reach of U.S. patents. The book also provides a primer on the new America Invents Act prior art provisions. The book next addresses issues surrounding remedies, including injunctive relief, contempt proceedings (including the Federal Circuit's en banc decision in TiVo v. Echostar), and damages.

ANDA Litigation
ANDA Litigation

Author: Kenneth L. Dorsney

Publisher: American Bar Association

Published: 2012

Total Pages: 0

ISBN-13: 9781614384786

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Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law in the context of Paragraph IV ANDA litigation, this comprehensive guide focuses on current and developing law as well as litigation strategies and tactics. This ready roadmap begins with an explanation of the Hatch-Waxman Act, its implementation, and litigation. Other topics include preparing and trying the case, post-trial issues and appeals, remedies, settlement, antitrust implications, and litigation of pharmaceuticals outside the U.S.

Patent Litigation in China
Patent Litigation in China

Author: Douglas Clark

Publisher: Oxford University Press, USA

Published: 2011-08-25

Total Pages: 313

ISBN-13: 0199730253

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In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.

Biopatent Law: Patent Strategies and Patent Management
Biopatent Law: Patent Strategies and Patent Management

Author: Andreas Hübel

Publisher: Springer Science & Business Media

Published: 2012-01-05

Total Pages: 53

ISBN-13: 3642248454

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Patents protecting biotechnological invention are becoming ever more important. Because biotechnology has many differences with respect to other technologies, lessons learned in other fields of technology cannot simply be transferred to adopt a suitable strategy for dealing with biotechnology inventions. In this volume, general aspects of biopatent law will be discussed. This involves questions of patentability, including ethical issues and issues of technicality, as well as questions of patent exhaustion in cases were reproducible subject matter, like cells or seeds, is protected. Moreover, active and passive patent strategies are addressed. Further, insight will be given into patent lifetime management and additional protective measures, like supplementary protection certificates and data exclusivity. Here, strategies are discussed how market exclusivity can be extended as long as possible, which is particularly important for biopharmaceutical drugs, which create high R&D costs.

Patent Litigation Primer
Patent Litigation Primer

Author: Robert A. Klinck

Publisher: Createspace Independent Publishing Platform

Published: 2015-12-04

Total Pages: 0

ISBN-13: 9781517719340

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"Designed for the layperson but equally useful for attorneys new to patent litigation, this unique book offers a comprehensive overview of the substantive law and procedural quirks of patent cases to help decipher the host of elements involved-- and provide a basic and helpful guide for the uninitiated."--Back cover.

Pharmaceutical and Biotech Patent Law
Pharmaceutical and Biotech Patent Law

Author: Arnold & Porter Kaye Scholer Llp

Publisher:

Published: 2019-06-07

Total Pages: 1204

ISBN-13: 9781402431388

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Pharmaceutical and Biotech Patent Law provides you with the legal, scientific, and technical information you need to help clients obtain, defend, and challenge patents in these important business areas. This practical guide shows you how to craft problem-free patent applications, including how to partner with the government to bring patented inventions quickly to the marketplace - invalidate competitors' patents by proving that they fail to meet key requirements - protect against various forms of patent infringement - and successfully rebut charges of infringement. It includes detailed checklists that help you resolve thorny patent problems in the complex pharmaceutical and biotech fields, and is regularly updated to reflect Federal Circuit rulings and other significant court decisions.

Patents for Business
Patents for Business

Author: M. Henry Heines

Publisher: Praeger

Published: 2007-01-30

Total Pages: 224

ISBN-13:

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In a world where your intellectual property is your most valuable asset, patents are becoming an essential tool for achieving and maintaining a competitive edge. With billions of dollars at stake, companies are defending their patents vigorously; high-profile cases, such as Microsoft's $900 million patent dispute settlement with Sun Microsystems, and Medtronic's acquisition of a competitor's entire patent portfolio for $1.35 billion, are cases in point. While most companies will not operate at this level, the strategic management of patents, and the costs of enforcing and defending them, are becomining critical business functions. In this accessible and practical guide, Henry Heines shows readers how to apply due diligence, a common concept in corporate finance and investing, to analyze the costs and benefits of patent management, and to navigate through the legal and technical maze. With dozens of examples from many industries, he walks readers through the various ways in which technological advances can be presented as patentable inventions and in which the patents of competitors can be confronted and evaluated. He also offers guidance in managing a portfolio of patents and inventions, regardless of whether they make it to market as products. A glossary of terms and listing of resources will make this book a handy reference for anyone involved in product development, corporate strategy, or intellectual property.