About the Book
"Patent Enforcement Best Practices" is an authoritative, insider's perspective on successful strategies for protecting intellectual property and litigating infringement. Featuring partners and shareholders from some of the nation's leading law firms, these experts guide the reader through the intricacies of patent law, detailing the four main areas of concern with regard to assertion of rights: claim construction, validity, enforceability, and infringement. These top lawyers give tips on determining the scope of a patent, preparing for a Markman Hearing, conducting jury research, and licensing a patent, while outlining the most important keys to strategic counseling, patent prosecution, patent exploitation, and defense against exploitation. The authors discuss the doctrines and legislation essential to patent enforcement, such as: laches and estoppel, Title 35 of the United States Code, and the Federal Rules of Civil Procedure. Additionally, these leaders reveal their strategies for obtaining the right evidence for enforcement, evaluating the financial repercussions of litigation, and negotiating successfully on behalf of the client.
The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this demanding area of law. "Inside the Minds" provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the "Inside the Minds" editorial board to author a chapter for this book. Chapters include: "To Litigate or Not to Litigate[unk]" by Brian G. Bodine, Partner, Davis Wright Tremaine LLP; "Focus Your Patent Cases through Jury Research" by R. Trevor Carter, Partner, Baker & Daniels and Don Nichols, Co-founder and Consultant, Courtroom Intelligence; "Minimizing the Element of Surprise" by John P.
Isacson, Partner, Proskauer Rose LLP; "A Step-by-Step Look at the Patent Litigation Process" by James M. Matulis, Shareholder, Fowler White Boggs Banker PA; "Building and Litigating a Patent Portfolio" by Lance D. Reich, Shareholder, Carlton Fields PA; "Making the Client Aware of All the Angles" by Ronald J. Schutz, Chair, Intellectual Property Litigation Group, Robins, Kaplan, Miller & Ciresi LLP; "The Implications of Intellectual Property Protection" by J. D. Harriman, Partner, DLA Piper US LLP; and "Build, Maintain, and Enforce Strategic Market Exclusivity" by Patrick H. Higgins, Shareholder, Mary Sue Henifin, Shareholder, Buchanan Ingersoll & Rooney PC.
Appendices include: Appendix A: Defendants' First Request for Production of Documents to Plaintiff; Appendix B: Defendants' First Request for Admissions to Plaintiff; Appendix C: Defendants' First Set of Interrogatories to Plaintiff; Appendix D: Plaintiff's First Request for Production of Documents to Defendant; Appendix E: Plaintiff's First Request for Admissions to Defendant; Appendix F: Plaintiff's First Set of Interrogatories to Defendant; Appendix G: Model Patent Jury Instructions for the Northern District of California; Appendix H: Patent Local Rules for the Northern District of California; Appendix I: Patent Statutes List; Appendix J: Takeda Chemical Industries Ltd. and Takeda Pharmaceuticals North America Inc. v. Mylan Laboratories Inc., Mylan Pharmaceuticals Inc., UDL Laboratories Inc., Alphapharm Pty. Ltd., and Genpharm; and, Appendix K: Edward H. Phillips v. AWH Corporation, Hopeman Brothers Inc., and Lofton Corporation. Appendices also include: Appendix L: University of Rochester v. G.D. Searle & Co. Inc., Monsanto Company, Pharmacia Corporation, and Pfizer Inc.; Appendix M: Merck KGAA, Petitioner v. Integra Life Sciences I Ltd., et. al.; and, Appendix N: Schering Corporation v.
Geneva Pharmaceuticals Inc. and Novartis Corporation, et. al.
