Patent-related Misconduct Issues in U.S. Litigation PDF Download
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Author: Joel Davidow
Publisher:
ISBN: 9781632812926
Category : Patent laws and legislation
Languages : en
Pages : 281
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Book Description
Author: Joel Davidow
Publisher:
ISBN: 9781632812926
Category : Patent laws and legislation
Languages : en
Pages : 281
Get Book Here
Book Description
Author: Joel Davidow
Publisher: OUP USA
ISBN: 9780195337204
Category : Law
Languages : en
Pages : 0
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Book Description
This book is designed to serve as the first comprehensive review of conduct defenses and counterclaims, with a focus on existing case law and litigation strategies. The first section of the book addresses claims involving misuse of the patenting process, with a focus on patents on a product or process the patentee did not invent as claimed and inequitable conduct claims, including intentional failure to cite material references and false or misleading declarations. From here the book turns to claims based on the misuse of the litigation process, including baseless and bad-purpose suits. The third and final section of the book describes claims based on the misuse of the competitive (antitrust) and licensing processes. Each section of the book is divided into sections devoted to law and strategy, with practical guidance related to handling document demands and other discovery requests, expert testimony and waiver issues. This book is designed to provide patent litigators with a double arsenal of unprecedented case-law analysis and litigation strategy related to the "wild cards" of infringement cases: affirmative defenses and counterclaims based on assertions of patent-holder misconduct. Such claims can include: BL inequitable conduct, including intentional failure to cite material references and false or misleading declarations BL misuse of the litigation process, including baseless and bad-purpose suits BL claims that an opposing party knew or should have known that the patent was invalid or not infringed BL antitrust law violations BL tortuous interference BL defamation BL RICO allegations In addition, each chapter of the book has a section devoted to litigation strategy related to a particular claim, with practical guidance on a range of issues including: BL document demands and party depositions used to show that putative inventor had access to another's similar invention BL deposition tactics to establish what the inventor or patent holder knew and when they knew it, along with indications of intent. BL the use of expert testimony to establish materiality or intent BL summary judgment and motion practice BL the use of expert testimony to prove claims of market definition and market power BL third-party discovery to prove what persons skilled in the art understood or how the market functions BL waiver of privilege issues BL the use of discovery to establish the existence of past licenses and negotiations BL post-verdict Rule 11 claims or recovery under 35 USC ยง 285
Author:
Publisher:
ISBN: 9780769868530
Category :
Languages : en
Pages :
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Book Description
Author: David Hricik
Publisher: OUP USA
ISBN: 9780195338355
Category : Law
Languages : en
Pages : 0
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Book Description
Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics-the second is on litigation-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property
Publisher: Amicus
ISBN:
Category : Juvenile Nonfiction
Languages : en
Pages : 134
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Book Description
Snakes, discusses the life of snakes and profiles different types of snakes provided by case studies examining individual species, along with facts about habitat, diet, and hunting practices. Additionally, this title features a table of contents, glossary, index, color photographs, labeled photographs, and recommended websites for further exploration.
Author: David Hricik
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
In Patent Ethics: Litigation, David Hricik provides practitioners with an essential guide to the professional ethical issues arising in the course of a patent litigation
Author: Paul Martin Janicke
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 424
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Book Description
Author: John T. Roberts
Publisher:
ISBN:
Category : Patents
Languages : en
Pages : 2
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Book Description
Author: Barry L. Grossman
Publisher: BNA Books (Bureau of National Affairs)
ISBN: 9781570188862
Category : Patent laws and legislation
Languages : en
Pages : 0
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Book Description
"Section of Intellectual Property Law, American Bar Association."
Author:
Publisher: DIANE Publishing
ISBN: 1428951938
Category :
Languages : en
Pages : 129
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Book Description
