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Patent Litigation Through the Unified Patent Court and German Courts by Alexander Harguth,Konstantin Schallmoser,Steven C. Carlson Pdf
Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.
Alan R. Thiele,Judith R. Blakeway,Charles M. Hosch
Author : Alan R. Thiele,Judith R. Blakeway,Charles M. Hosch Publisher : American Bar Association Page : 360 pages File Size : 47,6 Mb Release : 2010 Category : Patent infringement ISBN : 1604427175
The Patent Infringement Litigation Handbook by Alan R. Thiele,Judith R. Blakeway,Charles M. Hosch Pdf
This practical book provides a well considered plan for invention protection and management that can be used effectively to avoid expensive, time-consuming, and sometimes company-killing patent infringement litigation. However, because not all patent infringement litigation can be avoided, the second part of this important book explains how to manage patent infringement litigation should it become necessary.
"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.
"Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law, this in-depth resource balances perspectives from both name-brand drug patentees and generic drug manufacturers. With a focus on current and developing law as well as practical strategies and tactics for litigation, it covers all steps in the litigation process."--
USPTO Post-Grant Trials Handbook by S. BENJAMIN. PLEUNE,Christopher Tl Douglas Pdf
USPTO Post-Grant Trials Handbook, Second Edition covers the three new post-grant proceedings to challenge the validity of an issued patent introduced by the American Invents Act: inter partes review (IPR), post-grant review (PGR), and covered business method review (CBM). These review proceedings have different requirements, restrictions, and review standards. Accordingly, a party seeking to challenge the validity of an issued patent must consider each situation and determine which vehicles are available and decide which one to use. USPTO Post-Grant Trials Handbook, Second Edition starts with analysis of the petition for each of these procedures, describes how to address each incremental stage, and then culminates in appeals to the Federal Circuit. It provides the attorney with: Step-by-step guidance for negotiating filings, motions and discovery, offering insight and strategies for each aspect of the case along the way Comparison charts covering the differences in procedures, availability, grounds, estoppel and standards for each type of proceedings Checklists to ensure all requirements are included in petitions and responses Timelines for each type of proceeding as an aid to keep on track and not miss important deadlines Relevant codes, statutes and citations to PTAB precedential decisions The United States Patent and Trademark Office (USPTO) periodically publishes statistics on the post-grant proceedings, which has shown a high number of IPR petitions being filed since the system became effective on September 16, 2012. The CBM, which also became effective on September 16, 2012, is also regularly utilized, although the number of petitions is much lower compared to IPR due to the statutory restrictions that apply to the CBM. Inter Partes Review, Covered Business Method challenges and Post-Grant Review represent the hottest area of patent law, and are currently widely popular mechanisms for challenging the validity of patents. These post-grant trials have caused one of biggest strategic shifts in the way that practitioners approach both patent prosecution and patent litigation in decades. At the time of this publication, PGR has not been utilized nearly as much, mainly because PGR is only available to patents that have an effective filing date of March 16, 2013 or later and are issued under the new first to file system. Previous Edition: USPTO Post-Grant Trials Handbook, ISBN 9781454886167
Author : Stephen C. Glazier Publisher : L B I Law & Business Institute Page : 468 pages File Size : 49,7 Mb Release : 2000 Category : Copyright ISBN : 0966143760
Patent Practice Handbook addresses every phase of patent practice from application work to litigation. In three sections organized for quick reference, Patent Practice Handbook analyzes the legal and procedural considerations attorneys and other patent professionals face daily: Part I: Overview of Patent Law and Alternative Intellectual Property Protection examines State Street Bank and its effects on patenting software and business methods, design and plant patents, and alternative means of intellectual property protection such as copyrights and trademarks, along with general statutes, utility, novelty requirements, and more. Part II: Patent Applications and Prosecution looks at drafting issues with an emphasis on means-plus-function claims, Markush groups, transition phrases, And The effect of the preamble on the scope of the claims. it also provides information on how to satisfy the requirements of 35 U.S.C. section 112 and different types of patent searches, including when to use them, And The best methods for executing them. Part III: Patent Infringement, Enforcement, and Liability offers detailed strategic insights for litigation, enforcement proceedings, other related issues in light of Markman, Hilton-Davis, And The troublesome 'all-elements' rule. Patent Practice Handbook combines the best features of a desk reference with the case citations and detailed analysis of a research volume. No single-volume guide synthesizes law and practice questions into solutions more effectively.