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About this Package
A guide through the minefield of court decisions that have systematically eroded the scope and validity of patents
MAIN VOLUME INFORMATION
Drafting Patents for Litigation and Licensing is the first book to help practitioners draft the broadest possible patent that can sustain a validity challenge by synthesizing and applying lessons from the case law. Nearly every day, the courts provide patent practitioners with practical guidance on how to best comply with the requirements of the patent statute. Drafting Patents for Litigation and Licensing provides an organized review of these lessons and guidance for applying them. This treatise not only benefits the patent practitioner, but it also aids and advances the patent system: better, stronger patent applications can result in higher-quality patents of value both to their owners and to the public.
Drafting Patents for Litigation and Licensing allows you to prepare the strongest patents possible. The book contains in-depth discussions on:
Pitfalls in claim drafting
Dangers of means-plus-function clauses in claims
Strategies to target direct infringers
Recent trends regarding the scope of enablement
Instructions on how to "Festo-Proof" a patent application
Pitfalls with provisional patent applications
Strategies for continued prosecution of patents
Statutory subject matter problems affecting software, business method, and biotechnology patents
Creative claim drafting to avoid common problems in chemical and pharmaceutical patents
Strategies for maximizing design patent protection
Drafting Patents for Litigation and Licensing focuses on real-life examples taken from court decisions, especially those from the U.S. Court of Appeals for the Federal Circuit, in which patents are interpreted, enforced, or licensed---too often to the detriment of the patent owner. Lessons gleaned from these decisions are broken out by principle and area of technology, providing detailed advice for drafting strong patents, avoiding problems, and maximizing leverage.
The 2012 Cumulative Supplement to Drafting Patents for Litigation and Licensing provides significant updates and analysis of the latest cases, including:
Leahy-Smith America Invents Act, impacting almost all areas of patent drafting, including earlier and more frequent patent filings due to the transition to a "first-inventor-to-file" regime
Mayo Collaborative Services v. Prometheus Laboratories, involving the patentability of medical diagnostic tests
Bilski v. Kappos, holding out the possibility that so-called "business method" inventions can be patented as long as they are not an abstract idea
Stanford v. Roche, showing that an improperly drafted agreement between a university and one of its researchers divested the university of its patent rights
Blackboard, Inc. v. Desire2Learn Inc., where the Federal Circuit held that patent applicants may not support a means-plus-function clause with the mere disclosure of "a black box that performs a recited function"
The Federal Circuit's decisions in Muniauction Inc. v. Thomson Corp., Golden Hour Data Systems v. emsCharts Inc., and Akamai Technologies, Inc. v. Limelight Networks, focusing attention on drafting method claims in such a way that the method steps are performed solely by a single entity
The en banc decision in Egyptian Goddess v. Swisa, completely overhauling the test for infringement of design patents
To Order the Supplement
For information on the 2012 Cumulative Supplement, click here.
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