You are here

Patents

Displaying 1 - 10 of 13
Contains
Contains
Format: 2019
Greater than or equal to
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.

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.

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

The Patent Pilot Program (PPP), a ten-year pilot program addressing the assignment of patent cases in certain U.S. district courts, was established on January 4, 2011, by Pub. L. No. 111-349. At the request of the Judicial Conference’s Committee on Court Administration and Case Management, the Federal Judicial Center has been studying the PPP since the program's inception. This midpoint report presents key findings from the first five years of the program, gathering data for all patent cases filed on or after the individual PPP start date designated by each of the 13 current pilot courts through January 5, 2016. In that time, just over 12,000 patent cases were filed in the participating pilot districts.

Available Online Only

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

Report of a study of the use of special masters in patent litigation.

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.

Pages

Subscribe to Patents