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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.
Pharmaceutical, Biotechnology, and Chemical Inventions: World Protection and Exploitation, This book highlights the special issues arising in obtaining, commercializing, enforcing or attacking intellectual property rights (including protection of regulatory data) in the pharmaceutical, biotechnology and chemical industries across the world's key jurisdictions. It is unique in presenting topic matter horizontally by subject to facilitate comparison between country practices. The first two chapters give a general introduction to the differences between the jurisdictions and an overview of some of the key concepts in patent law. The remainder of the book is dedicated to a detailed analysis of the major legal issues arising in these areas of technology. Each component chapter has a comparative introduction, looking at the variances in the laws of different domains, followed by side-by-side analysis of the relevant regimes, including tables and flow-charts which summarize and explain the key legal concepts. The jurisdictions covered are the United States, Europe (UK, Germany, Netherlands, France and Italy), Japan, Canada, Australia, India and China.
A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.

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