This treatise updates and expands upon the second edition of the Patent Case Management Judicial Guide (2012). Since that time, patent litigation has continued to increase in complexity. This edition encompasses implementation of the America Invents Act (“AIA”), the emergence of review proceedings at the Patent Trial and Appeal Board (“PTAB”), the Supreme Court's many recent patent decisions (patent eligibility, claim construction, claim indefiniteness, infringement analysis (rejecting “joint infringement”), the intent requirement for induced infringement liability (rejecting a defense of good faith belief of a patent's invalidity), and attorney fees), and the Federal Circuit's damages jurisprudence (including damage awards for standard essential patents (SEP) licensed pursuant to fair, reasonable, and nondiscriminatory (FRAND) terms. It also includes case management checklists, model case management orders, and other materials developed by district judges and advisory bodies for streamlining patent case management. Finally, this volume adds a chapter on patent litigation at the Court of Federal Claims.

Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This volume contains the first six chapters of the Patent Case Management Judicial Guide (3rd edition 2016)a treatise prepared for the Federal Judicial Center for use by federal judges. Volume I contains the chapters dealing with the stages of case management leading up to trial: Chapter 1 (overview); Chapter 2 (early case management); Chapter 3 (preliminary injunction); Chapter 4 (discovery); Chapter 5 (claim construction); and Chapter 6 (summary judgment). Volume II covers: Chapter 7 (Pretrial Case Management - jury instructions, limits on expert testimony (Daubert motions), and motions in limine); Chapter 8 (Trial); Chapter 9 (Posttrial Case Management); Chapter 10 (ANDA/Biosimilars); Chapter 11 (Design Patents); Chapter 12 (Plant Patents); Chapter 13 (Federal Claims -- Patent Suits Against the United States); and Chapter 14 (Patent Primer). Volume III contains appendices (patent local rules; model patent jury instructions).

"Section of Intellectual Property Law, American Bar Association."

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.

This volume contains Appendices to the Patent Case Management Judicial Guide (3rd edition 2016), a treatise prepared for the Federal Judicial Center for use by federal judges. Volume I contains the chapters dealing with the stages of case management leading up to trial: Chapter 1 (overview); Chapter 2 (early case management); Chapter 3 (preliminary injunction); Chapter 4 (discovery); Chapter 5 (claim construction); and Chapter 6 (summary judgment). Volume II covers: Chapter 7 (Pretrial Case Management - jury instructions, limits on expert testimony (Daubert motions), and motions in limine); Chapter 8 (Trial); Chapter 9 (Posttrial Case Management); Chapter 10 (ANDA/Biosimilars); Chapter 11 (Design Patents); Chapter 12 (Plant Patents); Chapter 13 (Federal Claims -- Patent Suits Against the United States); and Chapter 14 (Patent Primer). Volume III contains appendices (patent local rules; model patent jury instructions).