The Supreme Court on Patent Law

The Supreme Court on Patent Law by Michael L. Kiklis

The Supreme Court on Patent Law

By Michael L. Kiklis
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Wolters Kluwer Law & Business
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The Supreme Court on Patent Law is a digest of U.S. Supreme Court decisions in the field of patent law. The author catalogs the Supreme Court’s involvement in shaping patent law, from its first cases to the most recent cases, shedding important light on the evolving course of this rapidly-changing practice area. Specifically, this book examines the Court’s treatment of patentable subject matter, including a case-by-case analysis in reverse chronological order and by specific topic that describes each case in a short, multi-paragraph format accompanied by key facts, key holdings and select quotations. Additionally, the author considers the Court’s treatment of relevant subjects in patent law: claim construction, statutory requirements, prior art defenses, equitable defenses, damages, willful infringement, declaratory judgment jurisdiction and injunctions.

The principal areas of the work are the Supreme Court’s treatment of:

  • Patent law
  • Patentable subject matter
  • Claim construction
  • Statutory requirements
  • Prior art defenses
  • Equitable defenses
  • Damages
  • Willful infringement
  • Declaratory judgment jurisdiction
  • Injunctions and other remedial matters.

This new title provides powerful quotations and an analytical roadmap that practitioners can use in their briefs, in arguments, and in formulating litigation strategy at each stage of the federal court system.


"In this well organized, readily accessible and highly readable treatise, Michael Kiklis analyzes the serial interventions by the Supreme Court that keep altering the purely statutory patent law as interpreted by the Federal Circuit and understood by patent practitioners. Because these alterations are continuing and even accelerating, practitioners need to anticipate where the Court is headed next if they are to serve their clients well. By stressing trends and explaining dicta for what it may portend, Kiklis provides an invaluable chart for navigating shifting seas." – Paul Michel, former Chief Judge, United States Court of Appeals for the Federal Circuit

“In this one volume, Michael Kiklis has filled in a critical gap in our understanding of modern American patent law. Every person interested in the field must study the current Supreme Court’s take on patents, and there is no better source than this treatise." – Tom Goldstein, Publisher, Scotusblog.com

The Supreme Court on Patent Law is a tremendous resource for all patent practitioners, but is a must have for all executive level in-house patent counsel. In his treatise, Mike provides a detailed road map that will enable in-house counsel to make better strategic decisions quickly. In a time when more is asked of fewer in less time, this will be the single best go to resource for all things past, current and future in the world of patent law. While we will never know exactly where the Supreme Court will land on a given patent law issue, Mike’s road map provides GPS level clarity on the likely destination.” – Dave Berdan, Vice President, Intellectual Property, International Game Technology

The Supreme Court on Patent Law is a great resource for the expert and the novice alike. It offers a straightforward, at-a-glance gateway into every key aspect of patent law, via the most authoritative source available: summaries of and key quotes from all relevant Supreme Court decisions.” – Lisa A. Dolak, Professor of Law, Syracuse University College of Law

The Supreme Court on Patent Law is a must read for every patent practitioner. The Supreme Court is the most important voice on patents and this tre

ISBN: 9781454847748
Pages: 800
SKU: 1454847743
ETA: Available: Item ships in 3-5 Business Days

Chapter 1. Introduction

  • § 1.01 Historical Treatment of Patent Law at the Supreme Court
  • § 1.02 The Roberts Court
  • § 1.03 The Sitting Justices
  • § 1.04 Individual Justices Patent Law Scorecard

Chapter 2. Patentable Subject Matter

  • § 2.01 Statutory Backdrop
  • § 2.02 Cases

Chapter 3. Statutory Requirements

  • § 3.01 Generally
  • § 3.02 Statutory Backdrop
  • § 3.03 Cases

Chapter 4. Claim Construction

Chapter 5. Infringement

  • § 5.01 Literal Infringement
  • § 5.02 Doctrine of Equivalents
  • § 5.03 Indirect Infringement
  • § 5.04 Statutory Exemptions
  • § 5.05 Infringement Under 35 U.S.C. § 271(f)
  • § 5.06 Willful Infringement
  • § 5.07 Statutory Backdrop
  • § 5.08 Case Summaries

Chapter 6. Prior Art Defenses

  • § 6.01 Novelty
  • § 6.02 Statutory Background
  • § 6.03 Obviousness
  • § 6.04 Statutory Backdrop
  • § 6.05 Cases

Chapter 7. Equitable Defenses

  • § 7.01 Statutory Backdrop
  • § 7.02 Cases

Chapter 8. Damages

  • § 8.01 Statutory Backdrop
  • § 8.02 Cases

Chapter 9. Declaratory Judgment Jurisdiction

  • § 9.01 Statutory Backdrop
  • § 9.02 Cases

Chapter 10. Injunctions

  • § 10.01 Statutory Backdrop
  • § 10.02 Cases


Michael L. Kiklis is a patent attorney with 20 years of experience in all areas of patent law. He has procured numerous patents, litigated patents, and challenged patents in various proceedings at the U.S. Patent and Trademark Office (USPTO). He holds both a bachelor’s degree and a master’s degree in computer science from the University of Massachusetts at Lowell and Boston University, respectively. Mr. Kiklis received his J.D., magna cum laude, from Syracuse University College of Law.

Mr. Kiklis is a partner at Oblon Spivak in Alexandria, Virginia. His current practice consists primarily of patent litigation and trials before the USPTO’s Patent Trial and Appeal Board with a particular emphasis on software patent matters. He writes and lectures extensively on leading edge, intellectual property issues, such as patentable subject matter under 35 U.S.C. § 101 and the new post-grant proceedings at the Patent Trial and Appeal Board.

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