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Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court s decision in eBay Inc. v. MercExchange, LLC changed the legal landscape in the area of preliminary relief in the minds of many judges. This concise guide examines the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision."
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.
Transferring Invention Rights: Effective and Enforceable Contracts , a comprehensive treatise, provides practical guidance to general contract law specifically geared to intellectual property, licenses, assignments, and other invention-related transactions. Written by Jerome Rosenstock, a patent lawyer with more than 30 years of experience and author of several widely-used treatises on patent law, this innovative guide takes a systematic, step-by-step approach to drafting agreements for the transfer of invention rights. In eleven, easy-to-follow chapters, Rosenstock explains: How deals involving the transfer of patent, trade secret, and other invention rights are constructed, analyzing clause-by-clause the rationale for the existing conditions How the language of the contract has been litigated, with detailed case examples to illustrate key points How to best construct your own agreements using alternate language supplied by the author Transferring Invention Rights provides the fastest, most efficient way for intellectual property specialists to get quickly up to speed on the principles of contract law. In addition to providing a primer on the definition and types of contracts and difference between express and implied contracts, you'll find in-depth analysis of the various types of contracts and clauses used in patent transfer and assignment transactions. From defining the offer, to acceptance of the contract, consideration, and contractual transfer, to breach and remedies, every topic is covered in depth.
Applying novel datasets, Fabian Gäßler analyzes how key aspects of the current patent system in Europe and Germany, respectively, affect patent enforcement and patent trade. In particular, he shows what factors determine court selection in patent litigation and how the jurisdictional separation of validity and infringement questions favors the patent holder. The author further provides empirical evidence for the market for patents in Europe. The presented findings yield important implications for the ongoing debate on the optimal design of patent systems.
Licensing Law: Theory and Application is a surprisingly accessible book that describes the applications of all aspects of licensing law in business. Real-world context gives students a framework for understanding what their clients will want to accomplish and why. Clear instruction, followed by a series of hands-on problems and drafting exercises, introduce students to the craft of advising clients and drafting a license.

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