Patent Claim Construction and Markman Hearings

Author: Thomas Creel
Publisher: Practising Law Inst
ISBN: 9781402418471
Format: PDF, Mobi
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Patent Claim Construction and Markman Hearings is a succinct guide to both claim construction and the special procedures that have evolved to accomplish such construction. Since the decisions of the Federal Circuit and the Supreme Court in Markman v. Westview Instruments, it has been clear that patent claim construction is a question of law exclusively for the court, not something to be submitted to the jury. Patent Claim Construction and Markman Hearings explains the guiding principles that the courts use, the intrinsic and extrinsic evidence they consider, and the effect of prior constructions of the same claim. Since rules of construction are hard to come by, the book provides insight into the process by fully discussing how judges have decided upon particular claim constructions. The law as it has developed after Markman makes it clear that there is no mandated or standard procedure to accomplish claim construction. The book explains the differing approaches among the courts, including the local rules in force in some courts, and how they affect case management conferences, briefing, discovery, and the timing of the Markman hearing itself. Then to give you practical guidance as you prepare for the hearing, Patent Claim Construction and Markman Hearings helps you assess the evidence in support of the construction you seek, work with expert witnesses, and prepare claim charts and other materials that will aid and convince the court."

Patent Litigation in China

Author: Douglas Clark
Publisher: Oxford University Press
ISBN: 0199730253
Format: PDF, Mobi
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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 Interference Practice Handbook

Author: Jerome Rosenstock
Publisher: Aspen Publishers Online
ISBN: 0735501149
Format: PDF, ePub
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One procedural misstep in patent interference practice can put an invention at risk. Patent Interference Practice Handbook is the only book that leads you step by step through proper procedure at every stage of the interference process, before and after declaration. Covering practice before the U.S. Patent Office, the District Courts and the Court of Appeals for the Federal Circuit, this intensely practical guide shows you exactly how to: Assess elements such as anticipation, use or sale, obviousness, abandonment, suppression, concealmentEstablish patentabilityDetermine priorityMeet reduction-to-practice standardsMeet all burden of proof requirementsAvoid export license violationsFile preliminary statements and motionsBring civil actions or appeals after interference.At every stage of his p

Patent Law

Author: Janice M. Mueller
Publisher: Aspen Publishers
ISBN: 9781454873822
Format: PDF, Kindle
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Succinct and timely, the fifth edition of PATENT LAW continues to demystify 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 or may be used alongside any patent or IP casebook to support more in-depth study of patent law. Updated throughout, the Fifth Edition offers: Up-to-the-minute explanations deciphering the complex first-to-file provisions of the America Invents Act, the most significant change to U.S. patent law in 60 years Further AIA updates throughout the text, emphasizing the newly-implemented inter partes review and post-grant review proceedings Cogent analyses of recent Supreme Court and Federal Circuit decisions that have fundamentally impacted patent law, including: Alice Corp. v. CLS Bank Teva v. Sandoz Nautilus v. Biosig Octane Fitness v. Icon Health Apple v. Samsung In re Cuozzo Features: Effective, lucid, and complete, Janice M. Mueller's PATENT LAW features: 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

Patent Ethics

Author: David Hricik
Publisher: OUP USA
ISBN: 9780195338355
Format: PDF, ePub, Docs
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Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics-the second is on litigation-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies.

Patent Claim Construction

Author: Robert C. Kahrl
Publisher: Wolters Kluwer Law & Business
ISBN: 1454801190
Format: PDF, ePub, Docs
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This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction with expert analysis of emerging methodologies for interpreting patents, a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims in Markman hearings. By Robert C. Kahrl. Patent Claim Construction is the first comprehensive treatise on claim construction in the U.S. Court of Appeals for the Federal Circuit. This practical resource helps lawyers of all experience levels gain a firm footing in the rapidly evolving rules of claim construction. This knowledge thereby allows for the systematic and efficient identification of the rules most advantageous to the client's position. Patent Claim Construction offers expert analysis of emerging methodologies, reflected in current case law for interpreting patents as a matter of the law and detailed descriptions of the cases applying the rule, as well as commentary describing the trend toward or away from favoring that particular rule. Additionally, the author includes a complete guide to the evidence, or modes of proof, accepted by the courts in applying claim construction principles and specific guidance on how the courts are likely to interpret certain phrases, terms, or forms of claims.

Mining Ideas for Diamonds

Author: Tao Zhang
Publisher: World Scientific
ISBN: 9813146184
Format: PDF, ePub, Mobi
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In 2015, China and the U.S. were among the top three countries in terms of the number of international PCT (Patent Cooperation Treaty) patents filed, together making up 40% of the global share, reported the World Intellectual Property Organization (WIPO). Not surprisingly, there is a huge international desire within the business, legal and technical communities to better understand the Intellectual Property (IP) practices of these two giants in the industry. This book, a pioneer in comparing the two countries' practices side-by-side, does just that. Tao Zhang and Jingui Fang, respectively from Huawei Device USA and Huawei Technologies in China (2015's top PCT applicant according to WIPO, with 3,898 published patent applications), provide readers with first-hand guidance from invention conception to IP monetization, with a consistent emphasis on quality. Written such that readers can delve straight into any area of the IP cycle that interests them, the book also contains useful checklists that highlight best practices and key lessons learned. Whether you are an individual wanting to improve a product or process, a patent drafter needing to provide client satisfactory results, a patent asset manager desiring to create a bullet proof portfolio, or an IP business executive wishing to deliver much needed financial results to your company's bottom line, this book, with its comparative approach, is an essential read — filled with tips and information to help you create high quality patents.

Understanding Intellectual Property Law 2015

Author: Donald S. Chisum
Publisher: LexisNexis
ISBN: 1632809648
Format: PDF, Mobi
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Understanding Intellectual Property Law, Third Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: • Patents • Trade Secrets • Copyright • Trademarks, and • Other Intellectual Property Rights such as: • Design Protection • Plant Protection • Semiconductor Chip Protection • False Advertising • Misappropriation • Rights of Publicity • Idea Submission This new edition also includes: • Coverage of major Supreme Court cases in intellectual property from the past decade • Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • Synthesis and reorganization of materials on patentable subject matter • Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA) • Synthesis and reorganization of materials on copyrightable subject matter • New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers • Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information • New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting • Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act The eBook versions of this title feature links to Lexis Advance for further legal research options.