Review of Recent Judicial Decisions on Patent Law

Review of Recent Judicial Decisions on Patent Law

Author: United States Congress

Publisher: Createspace Independent Publishing Platform

Published: 2017-10-12

Total Pages: 80

ISBN-13: 9781978116818

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Review of recent judicial decisions on patent law: hearing before the Subcommittee on Intellectual Property, Competition, and the Internet of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, March 10, 2011.


Review of Recent Judicial Decisions on Patent Law

Review of Recent Judicial Decisions on Patent Law

Author: United States House of Representatives

Publisher:

Published: 2019-09-14

Total Pages: 82

ISBN-13: 9781693088827

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Review of recent judicial decisions on patent law: hearing before the Subcommittee on Intellectual Property, Competition, and the Internet of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, March 10, 2011.


Aspen Treatise for Patent Law

Aspen Treatise for Patent Law

Author: Janice M. Mueller

Publisher: Aspen Publishing

Published: 2024-07-19

Total Pages: 1266

ISBN-13:

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Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ ​Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary


House Hearing, 112th Congress

House Hearing, 112th Congress

Author: U. S. Government Printing Office (Gpo)

Publisher: BiblioGov

Published: 2013-08

Total Pages: 84

ISBN-13: 9781289311025

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The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.


Aspen Treatise for Patent Law

Aspen Treatise for Patent Law

Author: Janice M. Mueller

Publisher: Aspen Publishing

Published: 2022-10-27

Total Pages: 1296

ISBN-13: 154382109X

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Succinct and timely, Patent Law, Sixth Edition demystifies its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own and may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the Sixth Edition: Coverage of the Supreme Court’s ongoing, intensive scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Helsinn (definition of prior art under the AIA) Cuozzo (non-reviewability of institution decisions) Oil States (Constitutionality of AIA) SAS Institute (rejecting partial institution) Return Mail (federal government not a “person” entitled to post-grant review) Dex Media (cert. granted, reviewability of Board’s time-bar decisions) The burgeoning landscape of patent-eligibility jurisprudence under 35 U.S.C. §101, including Federal Circuit decisions in: Vanda, Cleveland Clinic, Genetic Techs., Endo, Athena Diagnostics (laws of nature) Enfish; Thales Visionix (abstract ideas) Berkheimer, Aatrix, Cellspin (role of fact questions in the Mayo/Alice Step Two “inventiveness” inquiry) Disparate viewpoints for analyzing the bedrock requirement of nonobviousness, including the Federal Circuit’s first en banc obviousness decision in thirty years: Apple v. Samsung The continued vitality of infringement under the doctrine of equivalents, as illustrated in a spate of Federal Circuit decisions including: Lilly v. Hospira Supreme Court decisions examining patent infringement remedies, including: WesternGeco (offshore lost profits) NantKwest (cert. granted, attorney fee-shifting in §145 civil actions) Supreme Court decisions cabining long-standing defenses to patent infringement, including: Impression Products (patent exhaustion) SCA Hygiene (laches and equitable estoppel) Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary


The Supreme Court on Patent Law

The Supreme Court on Patent Law

Author: Michael L. Kiklis

Publisher: Aspen Publishers Online

Published: 2014-04-02

Total Pages: 1340

ISBN-13: 1454847743

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The Supreme Court on Patent Law is a digest of U.S. Supreme Court decisions in the field of patent law. The author catalogs the Supreme Courtand’s involvement in shaping patent law, from its first cases to the most recent cases, shedding important light on the evolving course of this rapidly-changing practice area. Specifically, this book examines the Courtand’s treatment of patentable subject matter, including a case-by-case analysis in reverse chronological order and by specific topic that describes each case in a short, multi-paragraph format accompanied by key facts, key holdings and select quotations. Additionally, the author considers the Courtand’s treatment of relevant subjects in patent law: claim construction, statutory requirements, prior art defenses, equitable defenses, damages, willful infringement, declaratory judgment jurisdiction and injunctions. The principal areas of the work are the Supreme Courtand’s treatment of: Patent law Patentable subject matter Claim construction Statutory requirements Prior art defenses Equitable defenses Damages Willful infringement Declaratory judgment jurisdiction Injunctions and other remedial matters. This new title provides powerful quotations and an analytical roadmap that practitioners can use in their briefs, in arguments, and in formulating litigation strategy at each stage of the federal court system. RECENT REVIEWS: andquot;In this well organized, readily accessible and highly readable treatise, Michael Kiklis analyzes the serial interventions by the Supreme Court that keep altering the purely statutory patent law as interpreted by the Federal Circuit and understood by patent practitioners. Because these alterations are continuing and even accelerating, practitioners need to anticipate where the Court is headed next if they are to serve their clients well. By stressing trends and explaining dicta for what it may portend, Kiklis provides an invaluable chart for navigating shifting seas.andquot; and– Paul Michel, former Chief Judge, United States Court of Appeals for the Federal Circuit and“In this one volume, Michael Kiklis has filled in a critical gap in our understanding of modern American patent law. Every person interested in the field must study the current Supreme Courtand’s take on patents, and there is no better source than this treatise.andquot; and– Tom Goldstein, Publisher, Scotusblog.com and“The Supreme Court on Patent Law is a tremendous resource for all patent practitioners, but is a must have for all executive level in-house patent counsel. In his treatise, Mike provides a detailed road map that will enable in-house counsel to make better strategic decisions quickly. In a time when more is asked of fewer in less time, this will be the single best go to resource for all things past, current and future in the world of patent law. While we will never know exactly where the Supreme Court will land on a given patent law issue, Mikeand’s road map provides GPS level clarity on the likely destination.and” and– Dave Berdan, Vice President, Intellectual Property, International Game Technology and“The Supreme Court on Patent Law is a great resource for the expert and the novice alike. It offers a straightforward, at-a-glance gateway into every key aspect of patent law, via the most authoritative source available: summaries of and key quotes from all relevant Supreme Court decisions.and” and– Lisa A. Dolak, Professor of Law, Syracuse University College of Law and“The Supreme Court on Patent Law is a must read for every patent practitioner. The Supreme Court is the most important voice on patents and this tre


The Impact of Recent Patent Law Cases and Developments, 2014 Ed.

The Impact of Recent Patent Law Cases and Developments, 2014 Ed.

Author:

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9780314291738

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The Impact of Recent Patent Law Cases and Developments provides an authoritative, insiders perspective on navigating clients through a fluctuating patent system. Featuring experienced partners from law firms across the nation, these experts guide the reader through key Supreme Court cases and Federal Circuit decisions, including Microsoft v. i4i and Ashcroft v. Iqbal. These top lawyers offer specific advice on helping clients realize the strengths and weaknesses in their portfolios, providing educational resources on infringement suits, and defending patents against non-practicing entities. From monitoring the impact of the America Invents Act on patent law to transitioning from inter partes reexamination to inter partes review, these experts discuss key strategies for staying up-to-date on changing filing procedures and infringement litigation practices. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this evolving legal field.