Patent Law and Practice

The source judges use to review patent issues. Patent Law and Practice was first published for federal judges by the Federal Judicial Center, and the FJC continues to distribute each new edition to the judges and their clerks to keep them up to date on patent law changes. This insider s look at patent litigation helps you to forecast how your case arguments will be interpreted by the court. The judiciary relies on Patent Law and Practice, citing it often, most notably in the 1996 Supreme Court decision affecting almost every subsequent patent case Markman v. Westview Instruments. Patent Law and Practice, Sixth Edition has been updated to reflect changes in patent law since the last edition. Major cases impacting patent law are: In re Bilski (2008, Fed. Cir. en banc), in which the Federal Circuit established a new standard for the patentability of business method processes and algorithms. eBay, Inc. v. MercExchange, LLC (2006,S.Ct.), in which the Supreme Court overturned the test applied by the Federal Circuit relating to the availability of permanent injunctions in patent litigation MedImmune, Inc. v. Genentech, Inc. (2007, S.Ct), in which the Supreme Court expanded the availability of declaratory judgment jurisdiction for companies seeking to challenge the patent of another KSR Int l v. Teleflex, Inc., (2007, S.Ct), in which the Supreme Court revisited the law of invalidity for obviousness for the first time in a generation, revising the standard applied by the Federal Circuit since the 1980s In re Seagate Tech., LLC (2007, Fed. Cir. en banc), in which the Federal Circuit reversed 24 years of decisions and established a new standard for assessing willful infringement, a precursor to an award of increased damages and attorneys' fees Critical new issues addressed. The Sixth Edition covers the Federal Circuit response to these and other recent Supreme Court decisions, as well as the Federal Circuit's continued evolution of the law relating to claim construction, invalidity for anticipation, the statutory disclosure and claiming requirements, indirect infringement, infringement under the doctrine of equivalents, and the defense of inequitable conduct. You can use the latest edition of Patent Law and Practice to: cite cases and sources relied upon by the bench. direct the judge to a specific page in the guide for a key case or explanation. understand and specifically address procedural issues facing the court.