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In this unique manual, a group of veteran patent litigators and a Judicial Board of Review of appellate and district court judges combined their talents to guide trial judges and practitioners through the web of complex problems arising in patent infringement actions as they proceed from filing to final judgment. Perfectly meshing legal theory with trial practice, this manual will serve advocates and adjudicators equally well."
Hon. Paul R. Michel, Chief Judge
U.S. Court of Appeals for the Federal Circuit
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 and determined 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. Then, a Judicial Board of Advisors from the U.S. Court 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 yet substantial narrative summary that expertly covers all steps required to bring a patent case to trial and the key elements that make such litigation unique.
Anatomy of a Patent Case specifically addresses 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 analyzes 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, the authors not only crystallize the patent litigation process at an expert level, but offer insights that could only come with their extensive experience. Beginning with a brief overview of a patent lawsuit, they follow with discussion of an actual patent from the pizza box case (Vitale v. PizzaBoxCo) 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 judges. 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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