Patents and the Federal Circuit, Thirteenth Edition

This monumental reference deals with both the high-profile cases and the uncelebrated decisions that tend to slip under the radar and fits them into an analytical framework that reveals their true significance. Patents and the Federal Circuit addresses ever-changing issues and developments in substantive patent law, infringement litigation, and procedure. The authors distill the opinions issued by the primary source of governing law on patents, providing convenient, one-source access to controlling case law. The new Thirteenth Edition adds discussion of the following topics: The Supreme Court s decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches does not bar damages for patent infringement where the infringement occurred within the 6-year limitations period. The Federal Circuit s en banc decision in Medicines Co. v. Hospira, Inc. regarding the scope of a commercial sale for purposes of the on sale bar. The Supreme Court s holdings in Impression Products v. Lexmark that single-use/no-sale provisions are unenforceable against third parties and that an authorized sale outside the United States exhausts U.S. patent rights. Venue following the Supreme Court s decision in TC Heartland v. Kraft that a corporation resides for purposes of venue only in the state of incorporation. Liability for infringement of multi-component devices following the Supreme Court s decision in Promega Corp. v. Life Technologies Corp. Operation of the so-called patent dance under the Biologics Price Competition and Innovation Act (BPCIA), including discussion of the Supreme Court s decision in Sandoz Inc. v. Amgen Inc. and the Federal Circuit s decision in Amgen Inc. v. Apotex Inc. The Federal Circuit s recognition of an independent patent agent privilege that attaches to some communications between a client and a non-attorney patent agent in In re Queen s University at Kingston. Design patent damages in light of the Supreme Court s holding in Apple Inc. v. Samsung Electronics Co. that the damages award for a design patent need not be the entire product sold but instead may be only a component of that product. This edition also provides new and expanded discussion on the Doctrine of Equivalents and substantial equivalence injury, the relationship between vitiation and the all elements rule, post-Festo rebuttals to prosecution history estoppel, and procedural considerations related to the Doctrine of Equivalents. The Thirteenth Edition also incorporates the following post-Alice decisions on patentability under 35 U.S.C. § 101: Rapid Litig. Mgmt. Ltd. v. CellzDirect, Inc. Enfish, LLC v. Microsoft Corp., Intellectual Ventures I LLC v. Symantec Corp. AMDOCS (Israel) Ltd. V. Openet Telecom, Inc. Bascom Glob. Internet v. AT&T Mobility, LLC Affinity Labs v. Directv The new edition adds a number of cases examining claim construction post-Teva v. Sandoz and enhanced damages post-Halo and Stryker, and incorporates many other important Federal Circuit patent law decisions.