Authors: Barry L. Grossman, Gary M. Hoffman, Editors-in-Chief, ABA Section of Intellectual Property Law
Published by BNA Books
Table of Contents, Preface
Specifications: 2010/1,708 pp.
Price: $435 + S&H

Get the knowledge, insights, and strategies you need to win cases, from many of the most experienced patent litigators in the country.

Patent Litigation Strategies Handbook, Third Edition gives you both the “how-to” and the “why-to” of patent litigation, with specific, proven tactics for protecting your clients’ interests. Expert litigators provide practical, winning answers to questions such as “Why sue in the first place?” “Should you consider ADR instead?” “What are your burdens of proof?” “What types of damages should you seek?” and more. Get the discussion, analysis, and the strategic reasoning behind every phase of patent infringement litigation, from initial client counseling through the filing of the Notice of Appeal.

Patent Litigation Strategies Handbook, Third Edition contains updated and expanded discussions and analyses of the most recent trends in patent litigation. For example, pharmaceutical patent cases are among the most litigious areas—but only about three percent of all patent cases go to trial, while the number of ANDA cases being tried are significantly higher. You’ll find that the Handbook gives you winning strategies from some of the country’s leading attorneys, from both a patent owner’s and a challenger’s point of view.

Of more general concern has been the confusion and controversy over claim construction that has followed the Federal Circuit’s 1995 Markman decision. The Third Edition gives you procedural developments and pronouncements on claim construction and tips on how to address them. And new to the Third Edition are:

• An insightful new chapter on the judge’s viewpoint—a key element in any patent case strategy—from Chief Judge James F. Holderman, United States District Court, Northern District of Illinois, which also includes common sense advice and practical tips for litigators
• A new chapter thoroughly examining the importance of, and the ethical, fiduciary, and privilege pitfalls that arise in, a strong joint-defense agreement
• A new settlement chapter discussing the long life and broad reach of a patent infringement settlement, and the fact that it often includes a prospective license between plaintiff and defendant
• Coverage of the latest, most influential cases in patent law, including Warner-Lambert Co. v. Apotex Corp.; Takeda Chemical Industries, Ltd. v. Watson Pharmaceuticals, Inc.; Pension Committee, where Judge Scheindlin provides a detailed analysis concerning litigation holds and spoliation of evidence; and Micro Chem. Inc. v. Lextron Inc.

The 2011 Supplement to Patent Litigation Strategies Handbook, Third Edition addresses recent developments and important topics including:

• The Federal Circuit’s handling of damages;
• Global-Tech Appliances, Inc. v. SEB S.A.;
• The standard for proving prosecution latches, which was further clarified in Cancer Research Tech. Ltd. v. Barr Labs., Inc.;
• Unique issues related to biotechnology patent litigation;
• The 2010 amendments to Rule 26(b)(4);
• The 2010 decisions of circuit courts of appeal regarding discovery issues;
• How the courts have dealt with issues of production and preservation of dynamic content;
• Reasonable royalty in light of the Federal Circuit’s 2011 decision in Uniloc USA, Inc. v. Microsoft Corp.

Click here for a printable order form that you can fax or mail at a later time.