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Patent Litigation (3rd Edition) is an indispensable practical resource for every patent litigator. This treatise increases your ability to prevail at trial while helping you cut the costs and complexity of litigation. Written by leading patent litigators, this treatise helps guide it’s readers through the litigation process, helping them to understand various infringement actions and their respective burdens of proof; conduct comprehensive pre-suit investigations that streamline your cases; develop potent case themes; assemble strong litigation teams; get an early edge over opponents during discovery; reduce expenses by developing smart litigation budgets; maximize the persuasive impact of documents, exhibits, and lay and expert witnesses; and fortify their case while controlling costs by making savvy use of computers, jury consultants, and litigation support vendors.
Highlights of this release include:
Corporate disclosures under Rule 7.1 and the hotly debated issue of whether recent court-imposed disclosure requirements are justified or permissible (see section 3:7).
Case law from the federal circuit vacating a preliminary injunction that barred a patentee from informing the accused infringer’s customers of patent infringement because the accused infringer had not shown the infringement accusations to be unreasonable or objectively baseless as a matter of literal infringement or infringement under the doctrine of equivalents (see section 10:3.2).
Examples of courtroom technology available in common patent venues (see section 11:7.4).
The important role played by the Office of Unfair Import Investigations in section 337 proceedings before and after complaint filing (see section 14:4.4).
An expanded discussion of the remedies available in an ITC litigation (see section 14:4.9).
A new section on the public interest factors that the ITC must consider in fashioning a remedy (see section 14:4.10).
Fragomen on Immigration Fundamentals reveals the nuances of U.S. immigration law and practice along with the agency, legislative, and executive policies shaping the current environment for immigrants and asylum seekers. Packed with practical tips for employment-based and family-based immigration, avenues to permanent residence, naturalization obstacles, statutory admission denials, and the administrative and judicial review of unfavorable decisions, the book also features templatized immigration forms for key case milestones in the immigration process.
Some of the important recent developments discussed in this release include:
Employer’s ability to pay: Discussion of the significantly expanded guidance from the USCIS regarding an employer’s ability to pay the proffered wage for immigrant petitions (see section 2:6.1[B]).
Age-out protection: Clarification of the requirements that children of permanent residents and derivative family members of principal family-based immigrants must meet to receive age-out protection (see section 3:3.4[A]).
Failure to apply in safe third country: Updates regarding the status of the Biden Administration’s rule creating a rebuttable presumption that migrants who attempt to cross the southern border without seeking asylum in a third country through which they traveled or procuring an asylum appointment through the CBP One mobile app are ineligible for asylum (see section 6:2.6[C][7]).
Screening of job applicants: New DOJ guidance provides helpful tips on avoiding citizenship status discrimination when complying with export control laws, reaffirming that employers cannot rely on them to limit jobs to U.S. citizens or workers with other citizenship or immigration statuses (see section 10:3.3[B]).
Doing Business Under the Foreign Corrupt Practices Act (Second Edition) helps corporate lawyers, in-house sales teams, and other U.S.-based and overseas stakeholders understand the issues and rules they should consider when negotiating transactions or accepting compensation in compliance with the FCPA. Readers will learn the necessary, proactive steps for identifying and avoiding common FCPA transactional illegalities.
The book addresses key information regarding whistleblower considerations and harsh penalties for falsified books and records, mischaracterized payments, fictitious invoices, insufficient internal accounting controls, and more. This title also includes helpful sample acknowledgements, compliance plans, and agreement clauses that address FCPA considerations.
Key updates in the new release include:
The SEC’s Amended Whistleblower Rules: Coverage of the August 2022 changes to the SEC’s final rules implementing the whistleblower provisions (see section 1:1).
Case Law Developments: Discussion of the holdings in United States v. Hoskins and United States v. Rafoi-Bleuler regarding the scope of the term “agent” as applied to a foreign national (see section 4:1.3).
The DOJ’s Updated Evaluation Guidance: Information regarding the DOJ’s March 2023 guidance emphasizing the importance of implementing compliance-promotion criteria in a company’s compensation and bonus system (see section 10:1).
NewAppendix B62: Department of Justice FCPA Opinion Release— Situation Involving Extortion or Duress.
New Appendix B63: Department of Justice FCPA Opinion Release— Payment of Travel Expenses for Post-Adoption Supervision.
In addition, the book offers information on the latest cases, enforcement actions, and settlements and provides several adaptable forms and templates (see the Related Items tab under “Forms”).
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).
PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. In an effort to highlight this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.
This book serves as a valuable reference for employment law practitioners and individuals interested in helping their organizations effectively navigate employment discrimination-related investigations, mediations, litigations, and jury trials. Presented in a straightforward, comprehensible manner, it provides the reader with information relating to the full range of employment discrimination litigation from an active practitioner’s perspective.
Notably, the book covers the following important areas:
Responding to employment discrimination and harassment complaints (see Chapter 1)
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PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. In an effort to highlight this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.
