Preliminary Relief in Patent Infringement Disputes PDF Download
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Author: Robert H. Resis
Publisher: American Bar Association
ISBN: 9781614380894
Category : Injunctions
Languages : en
Pages : 0
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Book Description
Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court's decision in eBay Inc. v. MercExchange, LLC changed the legal landscape in the area of preliminary relief in the minds of many judges. This concise guide examines the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision.
Author: Robert H. Resis
Publisher: American Bar Association
ISBN: 9781614380894
Category : Injunctions
Languages : en
Pages : 0
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Book Description
Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court's decision in eBay Inc. v. MercExchange, LLC changed the legal landscape in the area of preliminary relief in the minds of many judges. This concise guide examines the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision.
Author: Eric M. Dobrusin
Publisher: Aspen Publishers Online
ISBN: 0735567832
Category : Law
Languages : en
Pages : 1018
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Book Description
Intellectual Property Litigation: Pretrial Practice, Third Edition offers up-to-date, comprehensive case analysis and a clear framework for streamlining the procedural requirements and issues involved in resolving patent disputes. You'll find unparalleled analysis of crucial procedures and guiding case law on key phases of pretrial litigation practice including: preliminary injunction, bifurcation, discovery, summary judgment, and more. With Intellectual Property Litigation, youand’ll learn cutting-edge, evidence-based practices to establish facts, test the sufficiency of your opponentand’s case, commit your opponent to a position, and focus the issues toward your advantage. This must-have resource provides expert guidance and in-depth case analysis to pave your way through complex intellectual property litigation, including: How to use injunctive relief, bifurcation, discovery, and summary judgment to resolve disputes The best methods for protecting sensitive information from discovery Recognizing and using the claims and defenses commonly encountered in patent litigation Recent Federal Circuit and Supreme Court cases on the evolving standards for invalidating patents And much more!
Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
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Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author: Massimo Sterpi
Publisher: Sweet & Maxwell
ISBN: 1908239123
Category : Law
Languages : en
Pages : 540
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Book Description
The Conflict of Laws is now a well-established textbook on this complicated and fast moving area of law. The text explains the fundamental principles of the subject but also allows the reader to stand back from the rules dealing with specific topics and to consider some issues which concern the working of the conflict of laws as a whole, in particular, the theoretical basis and methodology., thus, making it an ideal textbook for students on both academic and professional courses.
Author: Rafał Sikorski
Publisher: Kluwer Law International B.V.
ISBN: 9041194584
Category : Law
Languages : en
Pages : 280
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Book Description
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Author: Laurence H. Pretty
Publisher: Practising Law Institute
ISBN: 1402400403
Category : Law
Languages : en
Pages : 871
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Book Description
Patent Litigation shows you how to spot and shore up weaknesses in your case; make effective pretrial, trial, and post-trial motions; enhance your direct-examination and cross-examination skills; accurately measure and prove the amount of damages; and achieve favorable settlements when litigation is not the way to go.
Author: Eric M. Dobrusin
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 196
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Book Description
This comprehensive legal deskbook provides hundreds of case law summaries for use in the crucial preliminary injunctive relief, bifurcation, discovery, and summary judgment phases of litigation practice. It will help you make informed strategic and tactical decisions, enabling quick results in this complex field of litigation. You'll nail down the details of summary judgment practice -- the most critical aspect of pretrial intellectual property litigation practice -- and also be able to save time on research.
Author:
Publisher:
ISBN: 9780414070288
Category :
Languages : en
Pages :
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Book Description
Author: Patrick J. Flinn
Publisher: Wolters Kluwer
ISBN: 073551125X
Category : Law
Languages : en
Pages : 1388
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Book Description
Now there's a one-stop source of answers to the critical remedies questions that arise in today's intellectual property claims. Handbook of Intellectual Property Claims and Remedies is the first single-volume treatise to focus exclusively on the substantive law governing remedies and strategies for obtaining them in intellectual property litigation. Written by Patrick J. Flinn, an intellectual property specialist from Alston and Bird in Atlanta, GA, Handbook of Intellectual Property Claims and Remedies offers step-by-step guidance on how to maximize -- or minimize -- possible remedies at all stages of litigation, from pre-filing decisions through appeals. You'll find vital information you can use to: Evaluate general remedial concepts involving lost profits, unjust enrichment, and out-of-pocket damages in IP claims Establish which claims can affect which types of relief, and what problems may arise in joining different claims in the same action Avoid costly mistakes at all stages of the case. Handbook of Intellectual Property Claims and Remedies is full of practice tools to help you build and present your best case, including a quick-reference matrix on IP rights and remedies, sample demand letters and responses, current statistics on jury awards, case citations, checklists, and more!
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280535153
Category : Law
Languages : en
Pages : 643
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Book Description
Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en
