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Intellectual Property Law

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This is a comprehensive, user-friendly, and practical judicial guide for managing patent cases. 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, 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 surveyed federal judges and describe their approaches and best practices for these and other aspects of patent case management.

Initially posted as a draft, this second edition was not printed in book format. Superseded by Patent Case Management Judicial Guide, Third Edition (2016).

In Print: Available for Distribution

A guide for trial judges to consult when deciding issues of compensatory damages in patent infringement cases, prepared by a national committee of experts from the bench, bar, in-house counsel, and academia formed at the request of the chief judge of the U.S. Court of Appeals for the Federal Circuit.

Superseded by Compensatory Damages Issues in Patent Infringement Cases, Second Edition (2017).

Available Online Only

A comprehensive, user-friendly, and practical judicial guide for managing patent cases. 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, 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 surveyed federal judges and describe their approaches and best practices for these and other aspects of patent case management.

Superseded by Patent Case Management Judicial Guide, Second Edition (2012).

Available Online Only

This report presents the results of a survey of federal district court judges regarding their use of patent litigation case management and claim construction procedures. When applicable, the report also compares these judges' reported practices with the recommendations contained in four recent sources. In general, surveyed judges' reported practices are consistent with the sources' recommendations, and judges who are relatively more experienced with patent litigation and claim construction tended to give similar answers to those given by judges less experienced in these areas.

In re NSA Telecommunication Records Litigation (N.D. Cal. 3:06-md-1791).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

In Print: Available for Distribution

This monograph provides a concise overview of the law of copyright from its origins in the English common law through recent Supreme Court cases, designed to provide judges with a grounding in the essential concepts and statutory and case law in this specialized area. The monograph covers the duration and renewal of copyright, ownership of copyright, copyright formalities, as well as jurisdictional and procedural issues and the preemption of state law by federal copyright statutes. New material in this second edition includes updated case law, including Internet copying anLink to superseding edition added. MSd music downloading; the Digital Millennium Copyright Act; judicial interpretation of Copyright Office regulations, decisions, and practices; and expanded coverage of contributory and vicarious liability, increasingly invoked by plaintiffs in infringement cases. The monograph covers developments in case law through May 1, 2006.

The subsequent edition of this title was published by Thomson Reuters in 2012.

In Print: Available for Distribution

This work describes approaches that trial judges have found to be useful in managing complex cases. This edition updates the treatment of electronic discovery and other aspects of pretrial management and describes major changes affecting case management in the substantive and procedural law in mass torts, class actions, intellectual property, employment discrimination, and other types of litigation. A new chapter deals with managing scientific evidence. This fourth edition was published in March 2004.

Individual sample orders have been excerpted from the manual and are available below.

Available Online Only

An overview of U.S. patent law and practice. The author describes the patent application process and discusses defenses to and remedies for patent infringement, providing examples from case law. He also examines the impact of juries on patent litigation and considers ways in which a court can manage patent jury trials. The monograph includes an annotated bibliography.

Subsequent editions of this title have been published by BNA Books / Bloomberg BNA.

Archival Copy on File

A concise overview of the law of copyright from its origins in the English common law through recent Supreme Court cases, designed to provide judges with a grounding in the essential concepts and statutory and case law in this specialized area. The author covers the duration and renewal of copyright, ownership of copyright, and copyright formalities, as well as jurisdictional and procedural issues and the preemption of state law by federal copyright statutes. He explains the changes brought about by the Copyright Act of 1976 and its 1989 and 1990 amendments, and he covers developments in case law through June 1991.

This publication is copyrighted by the author.

Superseded by Copyright Law, Second Edition (2006).

Archival Copy on File

A monograph that provides an overview of this specialized area of the law. The author describes the steps followed in a patent application and discusses defenses to and remedies for patent infringement, providing examples from case law. He includes an annotated bibliography.

Superseded by Patent Law and Practice, Second Edition (1995).

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