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

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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 Superseded by Patent Case Management Judicial Guide, Third Edition (2016).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Superseded by Compensatory Damages Issues in Patent Infringement Cases, Second Edition (2017).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

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.

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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 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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