The book is a timely and detailed analysis of the acts constituting patent infringement in the laws of European Community states and associated countries. The provisions on the question have recently been re-drawn in a standardised form which derives from the Community Patent Convention (itself an established text which is not yet operational). These provisions on patent infringement need to be similarly interpreted in the different jurisdictions if any real harmonisation of laws is to be attained. This book shows the evolution and logical structure of the provisions, making apposite comparisons not only with the formner laws of the countries concerned but also with the US, Australia, Canada and elsewhere. It will be of major assistance in understanding a crucial aspect of patent law throughout Europe.
"A methodical seven-step approach to the estimation of patent compensation and damages." - Legal Information Alert When a patent has been infringed, there's usually a price to pay, whether it's the result of a trial verdict or a negotiated settlement. Even when compensation for patent infringement is a certainty,determining the right amount is a complex matter involving the interplay of many legal and financial variables. Patent Infringement: Compensation and Damages is a complete, concise and detailed guide. It explains each step, from a finding of infringement to a determination of damages. The process starts with determining the damages period and damages base, from both a product and a geographic perspective. Next, the appropriate theory--reasonable royalty or lost profits--is applied. Then enhancements or limitations are considered, as well as the likelihood and effect of an injunction. The book shows you the methods used, the possible variations, the unique patent law doctrines that may apply, and the strategies to consider in seeking terms most advantageous to your client. The book also examines how awards of damages are treated under accounting rules and discusses the admissibility of evidence from expert witnesses respecting damages. Patent Infringement: Compensation and Damages equips you with legal and practical insights that will keep you one step ahead of opposing counsel. Don't try or settle another case without it.
Alan R. Thiele,Judith R. Blakeway,Charles M. Hosch
Author: Alan R. Thiele,Judith R. Blakeway,Charles M. Hosch
Publisher: American Bar Association
The number of patent infringement lawsuits filed in United States district courts has continually increased. Such litigation results when the protection of inventions or the entry of a new product into the market is not properly managed. 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. This book is perfect for corporate counsel and executives, and provides information on the management of invention protection; the characteristics of a high quality patent; avoiding patent infringement litigation from an offensive and defensive perspective; how to evaluate a patent before litigation: and how to make a patent ready for negotiation. settlement, or litigation. In addition, multiple appendices have been added to provide examples of documents used in invention protection and patent infringement litigation.
The Conflict of Laws is now a well-established textbook on this complicated and fast moving area of law. The text explains the fundamental principles of the subject but also allows the reader to stand back from the rules dealing with specific topics and to consider some issues which concern the working of the conflict of laws as a whole, in particular, the theoretical basis and methodology., thus, making it an ideal textbook for students on both academic and professional courses.
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.
A Step-by-Step Guide from Dispute Through Trial for Executives, Witnesses, and In-House Counsel
Author: Lester L. Hewitt
This book is directed to in-house counsel, potential witnesses, and parties who are or may become involved in patent litigation. The book is divided into two Parts. In the Part One, reflections of the party patent owner and the party infringer in the midst of a patent litigation sets the stage for the intersection of market commerce and patent litigation in the competitive world. In the second chapter in Part One, a typical scenario is provided as to how a patent dispute may arise. Part Two is directed to a step-by-step description (at a relatively broad level) of all stages of patent litigation, from filing of complaint through discovery, fact and expert depositions, mediation, design around considerations, pretrial order, patent jury trial and appeal. The Appendices include a glossary of patent terminology, a set of actual jury instructions, a Markman opinion on claim construction, and a recent statement by the FDC regarding deficiencies in the current patent litigation system. TABLE OF CONTENTS Preface: The Patent System–Flawed but Workable Chapter 1: Reflections of a Patent Owner and Alleged Infringer—A Week into a Patent Infringement Trial A. The Alleged Infringer B. The Patent Owner Chapter 2: Example of How a Patent Dispute Might Arise A. The Invention B. Patent Owner Learns of Competitor's Potential Infringement C. Meeting of Parties—Disastrous Results Chapter 3: The Dynamics of a Typical Patent Litigation: An Introduction A. The U.S. Patent Right B. “Prior Art” and the Date of Invention—Fundamental Concepts in Patent Law C. A Patent is a Right to Exclude, Not a Right to Use D. A Patent Infringement Lawsuit is Complex Litigation Chapter 4: The Complaint, Answer, Initial Disclosure, and Docket Control Order A. The Complaint B. The Answer C. Preparation of Initial Disclosures and Joint Discovery/Case Management Plan D. Docket Control Order Chapter 5: The Discovery Process—Planning the Case A. What Is “Discovery”? B. The Protective Order C. Protection of Privileged Documents and Information D. A Listing of Information Typically Relevant for Production in a Patent Infringement Case E. Third-Party Discovery F. The Role of the Experts G. Engagement of the Experts Chapter 6: The Markman Hearing: Impact of the Ruling Chapter 7: Is an Alternate Noninfringing Design Available to the Accused Infringer? Chapter 8: Mediation: What Is it? How Does it Work? Chapter 9: Fact Depositions A. Fact Depositions in General B. Preparing the Witness for Deposition C. Understanding the Deposition Process: Instructions to the Witness Chapter 10: Depositions of Experts Chapter 11: Summary Judgment Chapter 12: Jury Consultants and Jury Studies A. The Role of the Jury in a Patent Trial B. Jury Consultants—Pretrial C. Jury Consultants—Trial Chapter 13: Closing of Discovery/Pretrial Order Chapter 14: Final Preparation Before Trial Chapter 15: The Trial A. The First Day of Trial B. The Patent Owner's Case-in-Chief C. Hearing on Motions for Judgment as a Matter of Law D. The Accused Infringer's Case in Defense E. Rebuttal by Patent Owner F. Reading of Jury Instructions to Jury G. Closing Arguments H. Jury Deliberation and Verdict I. The Jury Verdict Chapter 16: Postrial Motions and Final Judgment A. The Final Judgment Will Likely Include an Injunction Chapter 17: Postrial Mediation and the Appellate Process A. Postrial Mediation B. The Appellate Process APPENDICES
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Dr. Holzmann introduces the manager and technologist as well as the student and the foreign patent practitioner to the United States Law of Patent Infringement. Dr. Holzmann directly addresses what to do when a patent is being infringed. The author explains and interprets the intricacies of the patent law and provides a strong basis of understanding future changes in patent law. This valuable volume should appeal to academics and students of law, attorneys specializing in corporate law, patent attorneys, CEOs in technical firms, and CEOs of foreign corporations.
The Manager's Guide to Profiting from Patent Portfolios
Author: Anthony L. Miele
Publisher: John Wiley & Sons
FROM PATENT TO PROFIT Patents and patent strategies are increasingly pertinent to the success of information age businesses, from affecting valuations to gaining tax advantages to increasing the starting price per share when taking a company public. Patent Strategy illustrates the impact patents can have on technology-driven businesses' tactical and strategic efforts. Here is step-by-step guidance to the patent process, the laws, and basic strategies-from a business-goal perspective-so that middle and upper-level managers can recognize the significance of patents in relation to a particular business and can incorporate proper patent management efforts into their business framework. In addition, this book serves as an invaluable reference for management and executives when making patent-related decisions such as whether a patent infringement study must be performed; whether the budget for patent matters should be increased or decreased; whether attempts should be made to license certain patent technology; and whether the firm should sue for patent infringement. Case studies throughout the book give you a specific business context within which to consider the concepts introduced Statistics are presented to assist you in assessing various issues, planning patent strategies, and implementing patent management programs
With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.