Patent Infringement in the European Community

Author: Amiram Benyamini

Publisher: Wiley-VCH


Category: Law

Page: 432

View: 8874

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.

Inducing patent infringement

Author: Mark A. Lemley,Stanford University. School of Law

Publisher: N.A


Category: Law

Page: 52

View: 4822

Patent Infringement

Compensation and Damages

Author: Bryan W. Butler

Publisher: Law Journal Seminars Press

ISBN: 9781588521378

Category: Law

Page: N.A

View: 4619

"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.

The Patent Infringement Litigation Handbook

Avoidance and Management

Author: Alan R. Thiele,Judith R. Blakeway,Charles M. Hosch

Publisher: American Bar Association

ISBN: 9781604427172

Category: Law

Page: 334

View: 8205

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.

Patent Infringement Suits

An Executive's Guide to the Litigation Process

Author: William G. Konold

Publisher: Marcel Dekker Incorporated


Category: Law

Page: 90

View: 2297

Model Jury Instructions

Patent Litigation

Author: American Bar Association, Section of Litigation Staff

Publisher: American Bar Association

ISBN: 9781590313480

Category: Law

Page: 218

View: 9067

This addition to the Model Jury Instruction series provides clear and balanced instructions for presentations to juries in patent litigation.

Patent Litigation

Jurisdictional Comparisons

Author: Massimo Sterpi,Thierry J. Calame

Publisher: Sweet & Maxwell

ISBN: 1908239123

Category: Patent suits

Page: 532

View: 6325

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.

Patent Litigation in China

Author: Douglas Clark

Publisher: Oxford University Press

ISBN: 0199730253

Category: Law

Page: 293

View: 6883

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.

Patent Infringement Worldwide

Claim Interpretation, Infringement, Damages

Author: Jan Busche,Michael Trimborn,Bernd Fabry

Publisher: N.A

ISBN: 9783452267290

Category: Patent infringement

Page: 644

View: 8353

Patent Infringement Litigation

A Step-by-Step Guide from Dispute Through Trial for Executives, Witnesses, and In-House Counsel

Author: Lester L. Hewitt

Publisher: N.A

ISBN: 9781596221956

Category: Law

Page: 256

View: 8532

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

Patent infringement and strategic trade policies

R&D and export subsidies

Author: Moonsung Kang,Taeoe Kyŏngje Chŏngchʻaek Yŏnʼguwŏn (Korea)

Publisher: N.A


Category: Patent infringement

Page: 50

View: 4813

Patent and Trademark Tactics and Practice

Author: David A. Burge

Publisher: John Wiley & Sons

ISBN: 9780471329329

Category: Law

Page: 282

View: 4010

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Infringement of the United States Patent Right

A Guide for Executives and Attorneys

Author: Richard T. Holzmann

Publisher: Greenwood Publishing Group

ISBN: 9780899308647

Category: Business & Economics

Page: 235

View: 6719

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.

Patent Strategy

The Manager's Guide to Profiting from Patent Portfolios

Author: Anthony L. Miele

Publisher: John Wiley & Sons

ISBN: 0471151181

Category: Law

Page: 264

View: 3151

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

European Patent Litigation in the Shadow of the Unified Patent Court

Author: Luke McDonagh

Publisher: Edward Elgar Publishing

ISBN: 1784714747

Category: Law

Page: 208

View: 6237

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.