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Anatomy of a Patent Case |
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| District judges confronting a patent case and the lawyers litigating the case owe a debt of gratitude to the Complex Litigation Committee of the American College of Trial Lawyers for Anatomy of a Patent Case. It is a practical guide which puts judges and lawyers on the same page in the handling of a patent case starting with a proper read of the patent through the appeal and possible remand".
Hon. Avern Cohn, Senior District Court Judge, Eastern District of Michigan
A BNA Publication |
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A must-read for all who face the challenges of patent litigation, offering a concise -- yet thorough -- description of every stage of a patent case.
Conflicts over intellectual property -- and specifically over patents -- have assumed a pivotal role in today's global economy. In response to this recent increase in patent litigation, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) reviewed many of the published treatises on the subject. Their final determination was that no succinct guide existed on the issue. To fill that void, the ACTL undertook the goal of writing a manual to detail each phase of a patent case for judges and lawyers. A Judicial Board of Advisors from the U.S.Courts of Appeals for the Federal Circuit, the Third Circuit, and District Courts, reviewed the written manuscript to provide commentary and the benefit of their expertise. The result of this unique collaboration is: Anatomy of a Patent Case -- a concise, but meaty narrative summary that expertly covers all steps required to bring a patent case to trial and the key elements that make such litigation unique.
Clearly, this resource couldn't have come at a more perfect time for today's litigator. Judgments and settlements in favor of patent holders today routinely amount to millions of dollars, and recently reached the $1 billion dollar mark. In addition, injunctions are often sought in these cases, and sometimes these injunctions command wide public attention, as evidenced by the 2003 Research in Motion (RIM) litigation where the patent holder prevailed and Blackberry users faced the real possibility that an injunction would be entered that would have disrupted the continued use of those devices. The significance now being placed on controlling the exclusive rights to ideas, innovations, and inventions has even led Congress in the last few years to consider legislation that would affect significant patent law reform -- the first time serious changes would be made to the patent statute since 1952.
Anatomy of a Patent Case brings all this to bear in specifically addressing the complex technical, procedural, and legal issues inherent in a patent lawsuit that are not usually found in other types of civil litigation. Compendious in length and focused in subject matter, in this handbook the ACTL analyze only the unique characteristics of patent cases that judges and lawyers can expect to see. Recognized as some of the most successful patent litigators in the United States and Canada, these authors not only crystallize the patent litigation process at an expert level but offer insights that could only come with their high level of experience. Beginning with a brief overview of a patent lawsuit, they follow with discussion an actual patent from the pizza box case (Vitale v. PizzaBox Co.) and then proceed step by step through each phase, from the Complaint to an appeal to the Federal Circuit.
The handbook is so successful as a tool to navigate the patent litigation process that it has been added to the Federal Judicial Center's resource library for district court judges and their law clerks, and even required an additional printing so every federal district court judge could have a personal copy. For anyone who finds themselves faced with the many challenges of patent litigation, this straightforward resource can be relied on for its concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and high-level judiciary. Anatomy of a Patent Case is perfect as the reference of first resort for lawyers, judges, law students, and business executives who need to understand all aspects of a patent case.
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