Patent Case Management Judicial Guide

Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en

This treatise updates and expands upon the second edition of the Patent Case Management Judicial Guide (2012). Since that time, patent litigation has continued to increase in complexity. This edition encompasses implementation of the America Invents Act (“AIA”), the emergence of review proceedings at the Patent Trial and Appeal Board (“PTAB”), the Supreme Court's many recent patent decisions (patent eligibility, claim construction, claim indefiniteness, infringement analysis (rejecting “joint infringement”), the intent requirement for induced infringement liability (rejecting a defense of good faith belief of a patent's invalidity), and attorney fees), and the Federal Circuit's damages jurisprudence (including damage awards for standard essential patents (SEP) licensed pursuant to fair, reasonable, and nondiscriminatory (FRAND) terms. It also includes case management checklists, model case management orders, and other materials developed by district judges and advisory bodies for streamlining patent case management. Finally, this volume adds a chapter on patent litigation at the Court of Federal Claims.

This volume contains the first six chapters of the Patent Case Management Judicial Guide (3rd edition 2016)a treatise prepared for the Federal Judicial Center for use by federal judges. Volume I contains the chapters dealing with the stages of case management leading up to trial: Chapter 1 (overview); Chapter 2 (early case management); Chapter 3 (preliminary injunction); Chapter 4 (discovery); Chapter 5 (claim construction); and Chapter 6 (summary judgment). Volume II covers: Chapter 7 (Pretrial Case Management - jury instructions, limits on expert testimony (Daubert motions), and motions in limine); Chapter 8 (Trial); Chapter 9 (Posttrial Case Management); Chapter 10 (ANDA/Biosimilars); Chapter 11 (Design Patents); Chapter 12 (Plant Patents); Chapter 13 (Federal Claims -- Patent Suits Against the United States); and Chapter 14 (Patent Primer). Volume III contains appendices (patent local rules; model patent jury instructions).

This volume contains the Chapters 7 - 14 of the Patent Case Management Judicial Guide (3rd edition 2016). This treatise is prepared for the Federal Judicial Center for use by federal judges. Volume I contains the chapters dealing with the stages of case management leading up to trial: Chapter 1 (overview); Chapter 2 (early case management); Chapter 3 (preliminary injunction); Chapter 4 (discovery); Chapter 5 (claim construction); and Chapter 6 (summary judgment). Volume II covers: Chapter 7 (Pretrial Case Management - jury instructions, limits on expert testimony (Daubert motions), and motions in limine); Chapter 8 (Trial); Chapter 9 (Posttrial Case Management); Chapter 10 (ANDA/Biosimilars); Chapter 11 (Design Patents); Chapter 12 (Plant Patents); Chapter 13 (Federal Claims -- Patent Suits Against the United States); and Chapter 14 (Patent Primer). Volume III contains appendices (patent local rules; model patent jury instructions).

This volume contains Appendices to the Patent Case Management Judicial Guide (3rd edition 2016), a treatise prepared for the Federal Judicial Center for use by federal judges. Volume I contains the chapters dealing with the stages of case management leading up to trial: Chapter 1 (overview); Chapter 2 (early case management); Chapter 3 (preliminary injunction); Chapter 4 (discovery); Chapter 5 (claim construction); and Chapter 6 (summary judgment). Volume II covers: Chapter 7 (Pretrial Case Management - jury instructions, limits on expert testimony (Daubert motions), and motions in limine); Chapter 8 (Trial); Chapter 9 (Posttrial Case Management); Chapter 10 (ANDA/Biosimilars); Chapter 11 (Design Patents); Chapter 12 (Plant Patents); Chapter 13 (Federal Claims -- Patent Suits Against the United States); and Chapter 14 (Patent Primer). Volume III contains appendices (patent local rules; model patent jury instructions).