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The Practitioner S Guide To Trials Before The Patent Trial And Appeal Board

Author: Erika Harmon Arner
Publisher:
ISBN: 9781634255721
Size: 49.74 MB
Format: PDF, Mobi
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Trials before the Patent Trial and Appeal Board (PTAB) are a hybrid of conventional patent prosecution and patent litigation practices. Successfully navigating a PTAB trial may entail tasks ranging from analyzing highly technical prior art to deposing scientific experts, drafting patent-claim amendments, and arguing at an oral hearing before an expert panel. The authors, all experienced litigators who have handled several hundred PTAB proceedings, explain the PTAB statutes and rules, including recent updates and rule changes, along with lessons learned from the growing body of Federal Circuit case law reviewing final PTAB decisions. They include strategic guidance on litigating these cases along with a description of a PTAB trial from petition preparation to appeals to the Court of Appeals for the Federal Circuit.

Uspto Post Grant Trials Handbook

Author: S. Benjamin Pleune
Publisher: CCH
ISBN: 9781454886167
Size: 45.59 MB
Format: PDF, Mobi
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USPTO Post-Grant Trials Handbook covers the three new post-grant proceedings to challenge the validity of an issued patent introduced by the American Invents Act: inter partes review (IPR), post-grant review (PGR), and covered business method review (CBM). These review proceedings have different requirements, restrictions, and review standards. Accordingly, a party seeking to challenge the validity of an issued patent must consider each situation and determine which vehicles are available and decide which one to use. USPTO Post-Grant Trials Handbook starts with analysis of the petition for each of these procedures, describes how to address each incremental stage, and then culminates in appeals to the Federal Circuit. It provides the attorney with: Step-by-step guidance for negotiating filings, motions and discovery, offering insight and strategies for each aspect of the case along the way Comparison charts covering the differences in procedures, availability, grounds, estoppel and standards for each type of proceedings Checklists to ensure all requirements are included in petitions and responses Timelines for each type of proceeding as an aid to keep on track and not miss important deadlines Relevant codes, statutes and citations to PTAB precedential decisions The United States Patent and Trademark Office (USPTO) periodically publishes statistics on the post-grant proceedings, which has shown a high number of IPR petitions being filed since the system became effective on September 16, 2012. The CBM, which also became effective on September 16, 2012, is also regularly utilized, although the number of petitions is much lower compared to IPR due to the statutory restrictions that apply to the CBM. Inter Partes Review, Covered Business Method challenges and Post-Grant Review represent the hottest area of patent law, and are currently widely popular mechanisms for challenging the validity of patents. These post-grant trials have caused one of biggest strategic shifts in the way that practitioners approach both patent prosecution and patent litigation in decades. At the time of this publication, PGR has not been utilized nearly as much, mainly because PGR is only available to patents that have an effective filing date of March 16, 2013 or later and are issued under the new first to file system.

Aspen Student Treatise For Patent Law

Author: Janice M. Mueller
Publisher: Wolters Kluwer Law & Business
ISBN: 145488035X
Size: 55.82 MB
Format: PDF, ePub
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Succinct and timely, the fifth edition of PATENT LAW continues to demystify its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. Updated throughout, the Fifth Edition offers: Up-to-the-minute explanations deciphering the complex first-to-file provisions of the America Invents Act, the most significant change to U.S. patent law in 60 years Further AIA updates throughout the text, emphasizing the newly-implemented inter partes review and post-grant review proceedings Cogent analyses of recent Supreme Court and Federal Circuit decisions that have fundamentally impacted patent law, including: Alice Corp. v. CLS Bank Teva v. Sandoz Nautilus v. Biosig Octane Fitness v. Icon Health Apple v. Samsung In re Cuozzo Features: Effective, lucid, and complete, Janice M. Mueller’s PATENT LAW features: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Patent Wars

Author: Thomas F. Cotter
Publisher: Oxford University Press
ISBN: 0190244453
Size: 40.31 MB
Format: PDF, ePub
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Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.

America Invents Act Primer

Author: Sarah Hasford
Publisher: Elsevier
ISBN: 0128120975
Size: 68.52 MB
Format: PDF
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Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA’s substantive provisions. More specifically, and whenever possible, each discussion of the AIA’s provisions includes the following key features: An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come. An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section.

Patents

Author: Marc Baudry
Publisher: John Wiley & Sons
ISBN: 1786301180
Size: 34.44 MB
Format: PDF, ePub, Docs
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The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

Frequently Asked Antitrust Questions

Author:
Publisher: American Bar Association
ISBN: 9781590313701
Size: 17.69 MB
Format: PDF, Mobi
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This book provides quick, jargon-free answers to common antitrust questions that lawyers face every day. It gives a brief refresher of the antitrust basics.

The End Of Ownership

Author: Aaron Perzanowski
Publisher: MIT Press
ISBN: 0262035014
Size: 59.52 MB
Format: PDF, ePub, Mobi
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An argument for retaining the notion of personal property in the products we "buy" in the digital marketplace.