Note: Distribution of this publication (hard copy) is restricted per © 2016 Peter S. Menell, Lynn H. Pasahow, James Pooley, Matthew D. Powers, Steven C. Carlson, Jeffrey G. Homrig, George F. Pappas, Carolyn Chang, Colette Reiner Mayer, Marc David Peters; permission has been granted for judiciary distribution only.
This is a comprehensive, user-friendly, and practical judicial guide for managing patent cases. Unlike conventional law treatises, it is organized around the stages of patent litigation. Although similar in many respects to other forms of complex civil litigation, patent cases pose distinctive case-management challenges, including complex and dynamic technological facts to a degree rarely encountered in most other areas of litigation, parallel proceedings (with the Patent Trial and Appeal Board, the International Trade Commission, and foreign courts), and unique procedures (such as claim-construction hearings) that affect and interact with other aspects of the case (such as summary judgment motions and expert reports). In addition, patent cases often entail distinctive and difficult discovery issues, extensive use of experts, and particularly complex dispositive and pretrial motion practice. The authors have worked extensively with experienced federal judges and practitioners to survey the range of practices for these and other aspects of patent case management. The volume contains case-management checklists for the various stages of a patent case, draft orders, and model rules and jury instructions. The final chapters provide primers on substantive patent law.
Print copies of The Patent Case Management Judicial Guide, Third Edition are available from Clause 8 Publishing. The Guide is also available through Lexis.