Patent Invalidity

Patent Invalidity
Author: Gloria K. Koenig
Publisher:
Total Pages: 590
Release: 1974
Genre: Technology & Engineering
ISBN:

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Patent Invalidity

Patent Invalidity
Author: Gloria K. Koenig
Publisher:
Total Pages: 0
Release: 1974
Genre: Patent laws and legislation
ISBN:

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Infringement of the United States Patent Right

Infringement of the United States Patent Right
Author: Richard T. Holzmann
Publisher: Bloomsbury Publishing USA
Total Pages: 248
Release: 1995-08-30
Genre: Business & Economics
ISBN: 0313035725

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Dr. Holzmann introduces the manager and technologist as well as the student and the foreign patent practitioner to the United States Law of Patent Infringement. Dr. Holzmann directly addresses what to do when a patent is being infringed. The author explains and interprets the intricacies of the patent law and provides a strong basis of understanding future changes in patent law. This valuable volume should appeal to academics and students of law, attorneys specializing in corporate law, patent attorneys, CEOs in technical firms, and CEOs of foreign corporations.

Patent Wars

Patent Wars
Author: Thomas F. Cotter
Publisher: Oxford University Press
Total Pages: 361
Release: 2018
Genre: Law
ISBN: 0190244437

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In Patent Wars, one of America's leading patent scholars provides an accessible overview of U.S. patent law; the arguments for and against patents; and the ongoing debates over topics including the patentability of genes, software, and business methods, the impact of patents on drug prices, "patent trolls," and the smartphone wars.

Aspen Treatise for Patent Law

Aspen Treatise for Patent Law
Author: Janice M. Mueller
Publisher: Aspen Publishing
Total Pages: 1266
Release: 2024-07-19
Genre: Law
ISBN:

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Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ ​Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Patent Invalidity

Patent Invalidity
Author: G. K. Koenig
Publisher:
Total Pages:
Release: 1976
Genre:
ISBN:

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Mueller on Patent Law

Mueller on Patent Law
Author: Janice M. Mueller
Publisher: Wolters Kluwer Law & Business
Total Pages: 1902
Release: 2012
Genre: Law
ISBN: 1454818530

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Basic principles -- Patent claims -- Patent-eligible subject matter --The enablement requirement -- Best mode requirement --Written description of the invention requirement -- Novelty and no loss of right -- Inventorship-- The nonobviousness requirement --The utility requirement -- Patent prosecution procedures in the USPTO -- Double patenting.

Clear But Unconvincing

Clear But Unconvincing
Author: David O. Taylor
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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The Federal Circuit's standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the prior art asserted in litigation. And while the Federal Circuit relies upon 35 U.S.C. § 282 as dictating the clear and convincing burden of proof, the statute includes no such burden. Indeed, every other circuit court of appeals has indicated that the statutory presumption of validity only requires a presumption that the Patent Office correctly ruled upon the evidence in front of it - not that the Patent Office considered the most relevant prior art or that it - illogically - correctly ruled upon evidence that it did not even consider. To encourage the disclosure of relevant prior art to the Patent Office, to increase patent quality, to ensure that patents serve their Constitutional purpose of rewarding inventors for disclosing discoveries, and to reduce transaction costs associated with ultimately invalid patents, the clear and convincing burden of proving invalidity should be replaced with a preponderance burden when litigation involves unconsidered, material prior art.

Innovation and Its Discontents

Innovation and Its Discontents
Author: Adam B. Jaffe
Publisher: Princeton University Press
Total Pages: 253
Release: 2011-05-27
Genre: Business & Economics
ISBN: 1400837340

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The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

The Burden of Establishing Patent Invalidity

The Burden of Establishing Patent Invalidity
Author: Etan Solomon Chatlynne
Publisher:
Total Pages: 30
Release: 2014
Genre:
ISBN:

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The patent system needs to be improved, particularly with regard to minimizing the likelihood that undeserving patents are granted and asserted. Some have advised that this problem should be remedied by weakening the presumption of validity, suggesting that quot;there is no colorable defense for the status quo.quot; This Note suggests arguably colorable defenses for the status quo. First, modifications to the presumption of validity require due care because the presumption of validity is at the center of the carefully crafted patent bargain. Critics of the presumption and its application advocate change based on PTO deference but do not address the Supreme Court's remaining reasons for a heightened evidentiary standard. Such critiques are incomplete and do not exhibit due care. Second, the role of the presumption is not understood well enough to justify changing its evidentiary standards, especially considering that a comparative analysis of the Federal Circuit's and the regional circuits' differing applications might indicate whether different standards result in significantly different case outcomes. Third, the presumption should not be changed until the effects of the possibly forthcoming post-grant review procedures and post-KSR obviousness determinations are analyzed and understood. Modification of the presumption of validity could work at odds to post-grant review while post-KSR obviousness determinations may accomplish the key goals of presumption modification.