Patent Disputes: Litigation Forms and Analysis, Second Edition

Patent Disputes: Litigation Forms and Analysis, Second Edition contains over 60 full-length agreements - with accompanying checklists and commentary - covering virtually every area of patent litigation in federal courts and before other administrative bodies, such as interpartes proceedings in the PTO.

The book is organized sequentially, following the course of the litigation process - from complaint to appeals. Forms include:

• Sample complaints for federal court and administrative proceedings
• Sample answers, counterclaims and third party complaints
• Sample motions ranging from Motion to Dismiss to Motions for Sanctions/Attorney's Fees
• Discovery forms, such as interrogatories and protective orders
• Forms for Markman Hearings
• Trial forms such as jury instructions
• Forms for appeal such as Notice of Appeal, and Petition for Cert

With your purchase of Patent Disputes: Litigation Forms and Analysis, Second Edition, you'll also receive the bonus companion CD-ROM containing fully customizable versions of all of the forms and documents in the book.

Note: Online subscriptions are for three-month periods.

Chapter 1. INTRODUCTION: HOW TO USE THIS BOOK

• 1.01 How to Use This Book
• 1.02 Format
• 1.03 Finding Forms
• 1.04 Practice Tips

Chapter 2. LITIGATION AND THE AIA

• 2.01 Introduction
• 2.02 From “First to Invent” to “First to File”
• 2.03 Expansion of Foreign Prior Art
• 2.04 Derivation Procedures
• 2.05 Assignee’s Right to File Patent Application
• 2.06 New Post Grant Review Process
• 2.07 Modified Inter Partes Review Procedures
• 2.08 Supplemental Examination
• 2.09 No More Invalidity Due to Failure to Disclose the Best Mode
• 2.10 Curtailment of False Marking

Chapter 3. INITIATING THE ACTION

• 3.01 Introduction
• 3.02 Cease and Desist Letters
• 3.03 Complaints for Patent Infringement
• 3.04 Answers

Chapter 4. MOTION PRACTICE

• 4.01 Introduction
• 4.02 Preliminary Injunctions
• 4.03A Motions to Dismiss
• 4.03B Motions to Stay Pending Patent Reexamination
• 4.04 Motions for Summary Judgment
• 4.05 Motions for Claim Construction

Chapter 5. DISCOVERY

• 5.01 Introduction
• 5.02 Scheduling Order
• 5.03 Rule 26(a)(1) Initial Disclosures
• 5.04 Requests for Production of Documents
• 5.05 Interrogatories
• 5.06 Requests for Admission
• 5.07 Deposition Notice
• 5.08 Protective Order
• 5.09 Motion to Compel
• 5.10 Expert Testimony
• 5.11 E-Discovery

Chapter 6. RE-EXAMINATION AND THE USPTO

• 6.01 Introduction
• 6.02 The Interplay Between Re-Examination and Litigation
• 6.03 Admissibility of Pending Re-Examination Decisions in Civil Litigation
• 6.04 Prior Final Judgments in Litigation and the Effect of Claims Rejected in Re-Examination
• 6.05 Forms

Chapter 7. TRIAL PRACTICE

• 7.01 Introduction
• 7.02 Markman Hearing
• 7.03 Pretrial Motions
• 7.04 Proposed Jury Instructions
• 7.05 Trial Brief
• 7.06 Settlement Agreement
• 7.07 Appeals
• 7.08 Notice of Appeal
• 7.09 Federal Circuit
• 7.10 Supreme Court

Chapter 8. DAMAGES

• 8.01 Introduction
• 8.02 Consumer Surveys and Patent Valuation
• 8.03 Determining the Reasonable
• 8.04 Demonstrating Harm to Support and Injunction
• 8.05 Types of Survey Analyses Relevant to Patent Cases
• 8.06 Presenting Consumer Survey Evidence at Trial
• 8.07 Avoiding Common Challenges to Consumer Surveys