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 budgets; maximizing the persuasive impact of documents, exhibits, and witnesses; and making savvy use of technology, jury consultants, and litigation support vendors.

Highlights of this release include updated discussion of the following topics:

• Substantive Issues of a Patent Case: Defenses against patent validity, such as collateral estoppel and unadjudicated claims, applicant-admitted prior art, obviousness, and inadequately disclosed claims (see sections 1:3.3[B], 1:3.3[C], 1:3.3[F], and 1:3.3[H]) and, in the area of inequitable conduct before the PTO, the mitigation of nondisclosure of information through supplemental examination (see section 1:3.4[A][4]). 
• Discovery and Privilege: Use of testimony from patent law experts (see section 4:4.4[C]).
• Nondiscovery Motions and Court-Initiated Procedures: Markman proceedings and claim construction (see section 7:2). 
• Witnesses Special to a Patent Case: Inventor testimony (see section 8:2.1[A]).
• Damages and Attorney’s Fees: Consequences of the district court’s failure to address prejudgment interest (see section 9:10.1) and willfulness and enhanced damages (see section 9:11.1).
• Trial: Rule 50(a) and Rule 50(b) motions (see sections 12:12.3 and 12:14); Rule 59 motions for a new trial and altering or amending the judgment (see new section 12:14.4); and Rule 60 proceedings for relief from judgment (see new section 12:14.5).

The Table of Authorities and Index have also been updated.

Order a print copy today. PLI PLUS subscribers can access this title through their subscription.

For additional recent developments in patent litigation, check out this recent PLI Chronicle article, PTAB’s Longhorn Decision Could Signal More USPTO OED Disciplinary Proceedings.

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).

For additional recent developments in patent litigation, check out this recent PLI Chronicle article, Patent Antibody Case Law Continues to Mature.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

PLI Press is pleased to announce updates to two of our Trademark treatises – Kane on Trademark Law: A Practitioner’s Guide (Seventh Edition) and Likelihood of Confusion in Trademark Law (Second Edition). 

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.

Updated topics from Kane on Trademark Law include:

• 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).

Highlights from the new information in Likelihood of Confusion in Trademark Law include:

• 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.

Order print copies of Kane on Trademark Law and Likelihood of Confusion in Trademark Law today.

PLI PLUS subscribers can access these titles through their subscription.