Evidence In Patent Cases

"Patent evidence from filing to appeal in one handy comprehensive resource by some of the top patent litigators in the U.S. Success in patent litigation often turns on the ability or inability to admit or exclude evidence. [This book] explains the use of evidence as it relates specifically to the issues encountered in patent litigation from case initiation through appeal. The authors...share insight, analysis, practice notes, and case citations, making this book very handy for litigators looking to object or overcome an objection with solid case law at their fingertips...Part I provides case strategy and analysis in patent cases viewed through the lens of the evidence required to achieve the patent litigator s objective during each stage of litigation and appeal, giving the reader a comprehensive understanding of evidentiary issues as they arise in patent litigation. Part II provides the full text of each federal rule of evidence...and the authors analyze each rule in the context of patent litigation, offers explanatory commentary, practice tips, and a collection of annotated case digests showing application of the rules to the facts of the patent case to give patent litigators a quick and easy reference to quickly find support for evidentiary positions during the heat of pre-trial, trial, and/or hearings involving the introduction of evidence."--

Intellectual-property cases involve high monetary stakes. A companys existence may depend on its innovations and the lawsuits. Clear and Convincing Evidence provides insight into every phase of intellectual property law and the battles that occur at the Patent Office and in the courtroom. Anyone thinking that intellectual-property is unexciting will change their view after reading about George Gerstmans career in this book. Some attorneys would be glad to have one memorable case during their professional life. Gerstman has one memorable case after another which he chronicles in this biography. The diversity of cases is amazing. The book includes examples such as Gerstman's first case which went from the boxing ring to the courtroom to a case involving the arresting of a technician to get crucial evidence for the case, to being held hostage in Harlem trying to enforce a federal court order, to testifying as a patent expert witness on behalf of some of the largest corporations in the world in patent cases. Find out how the protection of computer software got its start and how videogames became protected by the courts. The book provides an intriguing look into intellectual property law as it has never been seen before.

In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.

The Conflict of Laws is now a well-established textbook on this complicated and fast moving area of law. The text explains the fundamental principles of the subject but also allows the reader to stand back from the rules dealing with specific topics and to consider some issues which concern the working of the conflict of laws as a whole, in particular, the theoretical basis and methodology., thus, making it an ideal textbook for students on both academic and professional courses.

In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.