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This book provides the legal, scientific, and technical information needed to help clients obtain, defend, and challenge patents in these important business areas. It shows readers how to craft problem-free patent applications and includes detailed checklists that help resolve tricky patent issues in the complex pharmaceutical and biotech fields. It is regularly updated to reflect Federal Circuit rulings and other significant court decisions.
Some of the recent developments reflected in this new edition include:
Inter Partes Review: Coverage of the PTO guidance for discretionary denials which clarifies when institutions will not be denied under Fintiv (see Section 1:5.3).
Patentability of Stereoisomers and New Salts: Discussion of the Federal Circuit’s decision in Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp. regarding whether Mylan Pharmaceuticals had failed to show that the claims of U.S. Patent No. 7,326,708 were either anticipated or rendered obvious by the asserted prior art (see Sections 7:2.4[A][2] and 7:2.6[C][1]).
Cell and Gene Therapy Products: New chapter exploring the patent landscape for cell and gene therapy products and the current disputes related to these products (see Chapter 15).
ITC Litigation: New chapter providing recent trends and practice tips on ITC Litigation (see Chapter 16).
Kane on Trademark Law is a comprehensive resource on trademark law that provides court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, update or amend registrations, and prepare witnesses for depositions. It includes detailed lists of cases, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists. The treatise is updated regularly to provide in-depth analysis of the most recent developments in the field.
The new release provides expert analysis and practical insights regarding a wide range of trademark issues. Topics of interest include:
Trade dress: A color illustration from the Tenth Circuit’s Bimbo Bakeries case has been added to Appendix B. The case is also cited in section 3:2.2[F].
Clearance: Revisions discuss the importance of ensuring that the appropriate rights have been secured to use the planned typeface for the brand (see section 4:3.4).
Priority: Revisions cover requirements to establish “use analogous to trademark use” (see section 5:1.1).
Internet: Revisions cover the Metabirken NFT jury verdict and issues surrounding artificial intelligence tools, such as ChatGPT and Dall-E (see section 11:1.3).
Advertising and Commercial Speech: A First Amendment Guide offers a practical examination of how the U.S. Supreme Court’s commercial speech doctrine impacts advertising across nearly 50 industries and professions. The book explores legal standards for defamation, false commercial speech, and disparagement along with developments around advertising for alcohol, financial institutions, professional services, medication, real estate, tobacco, and more.
Among the many topics discussed in this new release are the following:
Compelled editorial transparency: New section 12:13 discusses laws passed in Florida and Texas targeting social media platforms’ efforts to combat user-generated disinformation posted on their websites.
On-site and off-site signs and billboards:Section 13:2.1[A][7] covers the Seventh Circuit’s ruling regarding whether to apply strict scrutiny or intermediate scrutiny to an ordinance limiting digital displays and off-premises signs.
Drugs & drug paraphernalia:Section 14:14 explores a case from the Washington Court of Appeals rejecting a challenge to the state’s advertising restrictions on marketing cannabis products.
Regulation of advertising content: Revisions to chapter 14 include:
The ruling of a Florida judge regarding whether part of the state’s Stop W.O.K.E. Act, which forbids companies from undertaking mandatory employee DEI training programs designed to limit or avoid discrimination practices, is unconstitutional (see section 14:16 on fair employment); and
The Eastern District of Arkansas’ final ruling in the Tofurky case involving marketing of plant-based foods (see section 14:20 on food).
Patent Litigation (Third Edition) enhances every patent litigator’s ability to prevail at trial while helping to cut the costs and complexity of litigation. Written by leading patent litigators, the treatise provides guidance on various infringement actions and their respective burdens of proof. It also offers pointers on conducting comprehensive pre-suit investigations; developing potent case themes; assembling strong litigation teams; developing smart litigation budgets; maximizing the persuasive impact of documents, exhibits, and witnesses; and making savvy use of computers, jury consultants, and litigation support vendors.
The new release covers many important developments, such as:
Corporate disclosures under Rule 7.1 and the hotly debated issue of whether recent court-imposed disclosure requirements are justified or permissible (see new section 3:7).
Two cases from district courts on the standard for assessing communications between the buyer and seller and licensor/licensee of patent rights made before the transactions closed (see section 5:4.2).
Case law from the federal circuit regarding an overly broad injunctive relief in the design patent context (see section 10:5.1).
Case law involving Moderna’s COVID-19 vaccine and Moderna’s claim that it is shielded from an infringement lawsuit in district court because of its agreement to supply the vaccine to the federal government (see section 14:2.2).
The PTAB’s clarification on its guidance for discretionary denial of IPR due to the advanced state of a parallel proceeding under Fintiv and the implications for the global defense strategy of respondents in ITC proceedings (see sections 14:4.9 and 15:3).
Circulation judge pool review, the PTO’s new internal procedure designed to improve overall quality of PTAB final written decisions (see new section 15:8.3).
A trusted working tool for more than two decades, Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. The treatise provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. This time-saving handbook offers start-to-finish directions for and real-world examples of each type of claim and numerous tips on how to avoid common claim drafting mistakes.
The many revisions throughout this release continue to assist practitioners in drafting the most effective types of claims for each type of invention. Highlights of the new release include:
Updated Chapter 2 explains how a patent claim may be novel but still obvious thereby invalidating the claim (see section 2:7.1) and provides additional instruction on how to determine whether a claim is dependent or independent from a previous claim (see section 2:9).
Expanded § 3:9 offers suggested language to include in the patent application or claim of a machine or apparatus if seeking both a U.S. patent and patent protection abroad.
Revised § 5:5 provides additional details on how the effective filing date of a claim in a continuation-in-part application is determined.
Updated §6:2 expounds on what constitutes Markush expressions.
Expanded § 8:3 details how a terminal disclaimer prevents a second patent application by one patentee from being deemed an impermissible double patenting of a previous claim.
In addition, Appendices A, B, and C2 have been updated.
Stocked with drafting checklists and sample drafting language, documents, and drawings, How to Write a Patent Application (3rd Edition) is a hands-on resource that equips readers to claim an invention with the sufficient breadth and required elements necessary for its validity to be sustained by courts. The book analyzes the latest USPTO initiatives, and key decisions of the federal courts, and provides the author’s practical suggestions and commentary.
Key updates in the new release include:
Grounds for Requesting Expedited Examination: Added discussion of The Climate Change Mitigation Pilot program and how it impacts the examination of nonprovisional utility patent applications involving technologies that mitigate climate change by reducing greenhouse gas emissions (see section 2:9.2).
Electronic Filing Document Format: Updated information about the PTO’s new format requirement for electronic filings (see section 3:5).
Identifying the Inventor or Inventors: Elucidation of whether artificial intelligence systems qualify as inventors (see section 4:3).
Abstract and Nonabstract ideas: Additional examples of both (see sections 7:4.1[B] and [C]).
Statutory Requirements for Claims: Discussion of recent Federal Circuit cases related to the terms “resilient” and “pliable” and terms susceptible to more than one meaning (see section 8:2.1).
Patentable Designs: News and statistics related to acquiring, defending, and enforcing design patents (see section 11:1.1).
Written Description Requirement: Commentary on the high level of disclosure being required by the Federal Circuit to satisfy the written description requirement and the “troublesome” opinion in Biogen Int’l GmbH v. Mylan Pharm. Inc. (see section 17:4.2). For additional related discussion about the written description requirement, read also the recent PLI Chronicle article “Patent Antibody Case Law Continues to Mature.”
Kane on Trademark Law deals with trademark law on the whole, providing court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, amend registrations, and prepare witnesses for depositions.
Likelihood of Confusion in Trademark Law focuses specifically on a major factor for determining whether a trademark has been infringed – the probability that consumers will mistake the alleged infringing mark for the original. It illuminates the pivotal multiple-factor test, providing a strong grasp of the key elements used by the courts to determine if likelihood of confusion exists.
Trademark selection:Chapter 2 now incorporates the USPTO’s new examination guidelines related to genericness rejections (see section 2:1.2) and decisions from the Federal Circuit regarding the registration of .SUCKS (see section 2:5.3) and book titles and characters as trademarks (see section 2:8).
Proving a statutory cause of action: Coverage of Meenaxi Enterprise, Inc. v. Coca-Cola Co., regarding the elements the claimant must prove to maintain a statutory cause of action under the Lanham Act for activities solely conducted outside the United States (see sections 19:4.5[D] and 22:5).
New color illustration of trademark and trade dress infringement cases: An illustration from Sabhnani v. Mirage Brands, LLC (Perfumes & Cologne, see Appendix A49) has been added to Appendix A.
Consumers and their degree of care: New commentary in section 6:2 analyzes how empirical research into actual consumer behavior compares with old assumptions and new constructs of consumer behavior.
Kane on Trademark Law is a comprehensive resource on trademark law and tactics which provides court-tested practical suggestions on how to quickly spot potential conflicts and save time on searches, overcome common descriptiveness rejections, update or amend registrations, and prepare witnesses for depositions. It includes illustrative lists of cases, full-color illustrations of previously litigated marks, sample forms, and step-by-step checklists. The treatise is updated regularly to provide in-depth analysis of the most recent developments in the field.
The new release provides expert analysis and practical insights regarding a wide range of trademark issues. Topics of interest include:
Registration; grounds for rejection: Revisions include updates to the opposition proceeding involving the RAPUNZEL mark currently pending before the Trademark Trial & Appeal Board (see § 6:5.2).
Fraud: Revisions include discussion of Chutter, Inc. v. Great Management Group, LLCand Chutter, Inc. v. Great Concepts, LLC on the standard for fraud post-Bose (see § 7:2.5).
Limits to incontestability: Revisions include updated Eleventh Circuit case law on the relevance of incontestability to the infringement analysis (see § 7:3.4[C]).
Internet: Revisions include a new discussion of the Metaverse and cases involving non-fungible tokens (NFTs) (see § 11:1.3).
Rights of publicity and privacy: Section 14:2.1 takes note of NCAA name, image, and likeness rule changes per a recent Supreme Court case and NCAA policy changes.
TTAB proceedings: New Federal Circuit cases have been added to the discussion on standing in section 19:2.2[A].
The book provides lawyers, player agents, marketing agents, financial advisors, and other members of athletes’ management and advisory teams with the tools and understanding they need to protect their clients’ interests before, during, and after the athletes’ professional playing careers. It offers a first-hand, behind-the-scenes glimpse into the unique complexities athletes face in their careers and daily lives. Packed with practice tips, sample documents and agreements, and unique insights,Sports Law is an essential resource for anyone who counsels or represents athletes, as well as for athletes themselves.
Notably, the book offers guidance on:
Athlete representative and advisor selection, management, and agreements (see Chapters 3, 4, 5, 6, and 7)
Financial and estate planning for athletes (see Chapter 8)
Name, image, and likeness (NIL) and other intellectual property considerations (see Chapters 10 and 11)
Athlete-nonprofit partnerships, business deals, and public appearances (see Chapters 9 and 12)
The treatise also contains sample marketing and endorsement agreements and discusses topics such as race and sports, athlete decision-making, and athlete identity foreclosure (see the Table of Contents).
