Discover PLUS is a great place to begin your research because all PLI publications are secondary sources that contain expert analyses of today’s legal controversies. Our publications, form templates, and program transcripts provide users with authoritative background information, as well as insights into the positions of leading practitioners from law firms, corporations, government, and academia.
Scenario: After the White House’s announcement that it will take Executive Action to counter the influence of “patent trolls”, or Patent Assertion Entities (PAEs), a researcher would like to better understand patent trolls and their potential impact on patent litigation.
Determining the proper construction of patent claims is the necessary prelude to any inquiry as to whether those claims have been infringed, and this construction takes place in “a litigation system that is unique to patent cases.” 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 Hearingsexplains 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 Hearingshelps 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.
John J. Calvert of the United States Patent and Trademark Office and James H. Patterson, principal at Patterson Thuente Christensen Pedersen, P.A. in Minneapolis will discuss the formation, implementation and future plans for the America Invents Acts (AIA) pro bono program.
The AIA requires that the Director of the United States Patent and Trademark Office (USPTO) work with local intellectual property (IP) organizations across the country in establishing pro bono patent application services for inventors and small businesses. Since the passage of this bill, four pro bono programs have begun offering services. At least 13 additional programs are in the planning stages. As these programs expand, more inventors and small businesses who qualify will potentially be able to receive pro bono assistance from qualified patent attorneys in filing patent applications. The overarching goal is to make the patent system affordable to those who do not have the financial resources to hire an attorney and to also ensure that no meritorious invention goes lacking for protection due to financial burden.
It is the intention of the program that patents should be issued to individuals and small businesses that can make contributions to society and have the potential to create jobs. This goal will only be obtained through the involvement of organizations that assist in the creation or growth of new businesses. To this end, each pro bono program is run through a local or state IP law association and utilizes a non-profit organization as the administrative body.
The program discussion will center around the following:
• A brief history of the start of the pro bono pilot program
• An overview of the AIA pro bono program
• What qualifications are looked at for entry into the program
• The National Clearinghouse and how does it connect to the regional pro bono programs
• What regional programs are in the works
• How to find additional information
• What plans are in the work for future expansion