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Intellectual Property Law

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Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee.

In Print: Available for Distribution

This stage-by-stage, issue-by-issue guide to the mediation of patent disputes supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediation when judges are managing patent cases. This supplement provides analogous guidance to patent mediators (magistrate judges and private mediators), in-house counsel, and litigation counsel. The authors have worked extensively with experienced federal judges, mediators, counsel, and parties to identify ways to promote cost-effective, time-effective, and constructive dispute resolution.

© 2019 Kathi Vidal, Leeron G. Kalay, Peter S. Menell, Matthew Powers, Sarita Venkat

The PDF is also available for download through the SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3320111.

Available Online Only

Status update provided to the Patent Pilot Program Subcommittee of the Judicial Conference’s Court Administration and Case Management Committee.

In Print: Available for Distribution

This guide focuses on case-management practices that may be helpful to the courts in the adjudication of patent infringement damages. It reflects the current state of the law and the courts' evolving case-management efforts.

Some of the nation's top legal scholars discuss the U.S. Supreme Court's 2016–2017 term and analyze the decisions that are most likely to affect the work of federal judges. Among the decisions discussed will be those involving the First, Fourth, and Fifth Amendments as well as criminal law and procedure, patent law, and the federal courts.

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The Defend Trade Secrets Act of 2016 (DTSA), Pub. L. No. 114-153, became law on May 11, 2016. It amends 18 U.S.C. § 1836 to create a private right of action for the misappropriation of trade secrets “for which any act occurs on or after the date of the enactment” and where the trade secrets “[are] related to [] product[s] or service[s] used in, or intended for use in, interstate or foreign commerce.”  The DTSA directs that, not later than two years after the date of enactment of the Act, the Federal Judicial Center, "using existing resources, shall develop recommended best practices for (1) the seizure of information and media storing the information; and (2) the securing of the information and media once seized."

These trade secret seizure best practices were developed in response to the DTSA’s mandate and are based on the limited initial experience in the federal courts with 18 U.S.C. § 1836(b)(2). They are being circulated prior to the due date of May 11, 2018, so that courts can benefit from having early guidance on the subject matter. The Center will update these best practices as needed.

Available Online Only

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.

Available Online Only

Status Update provided to Patent Pilot Program Subcommittee of the Court Administration and Case Management Committee.

Available Online Only

Status Update provided to Patent Pilot Program Subcommittee of the Court Administration and Case Management Committee.

This brief video provides jurors in a patent case an explanation of what a patent is and the process for obtaining it. It has been carefully crafted, in consultation with judges and members of the bar, to present a balanced view of the patent process, but individual judges will want to review it carefully and consult with counsel before deciding whether to use it in a particular case. A sample patent, developed to accompany the video, is also available.

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