This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents. The casebook moves chronologically through a typical patent case in district court. The book begins with discussions of whom to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues, such as Hatch-Waxman Act pharmaceutical litigation, infringing exports, infringement by multiple actors, and the extraterritorial reach of U.S. patents. The book also provides a primer on the new America Invents Act prior art provisions and includes the first decision at the Federal Circuit interpreting these provisions. The book next addresses issues surrounding remedies, including injunctive relief, contempt proceedings, and damages. The book concludes by exploring administrative proceedings within the Patent and Trademark Office, an important component of a patent litigation strategy.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 11/20/2017

Kimberly A. Moore

Timothy R. Holbrook, Emory University School of Law

John F. Murphy

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The 5th Edition contains all of the recent developments in patent law and litigation. Such developments include the modified pleading standards in light of the end of Form 18 and the Supreme Court’s decisions in Iqbal and Twombly. This edition contains discussions of the impact on litigation strategy of e-discovery and local patent rules. The book also contains an overview of the new prior art provisions under the America Invents Act, including the Federal Circuit’s decision in Helsinn, the first to interpret these new provisions. The book includes important new Supreme Court decisions. These include the Court’s decision in TC Heartland regarding patent venue, which has the potential to dramatically reshape the face of patent litigation and could disrupt the hegemony of the Eastern District of Texas over patent litigation. Also included is the Supreme Court’s decision in Impression Products, Inc. v. Lexmark International, which established the United States as an international exhaustion regime and concluded that use restrictions and the like do not preclude patent exhaustion. The Supreme Court’s decision in SCA Hygiene that eliminates laches as a defense to patent infringement is discussed. The new edition of the book updates the law of infringement, including the Federal Circuit’s en banc law of divided infringement in Akamai, and the Supreme Court’s Promega decision on inducing of combinations abroad. The 5th Edition also reworks the chapter on non-obviousness. The cases in that chapter now explore more particular issues in the non-obviousness analysis that go beyond what a traditional introductory patent law class would cover to provide students with a deeper exploration of the law of obviousness in a litigation context. Included are the Federal Circuit’s 2016 en banc decision in Apple Inc. v. Samsung Electronics. Advanced issues with respect to injunctions, such as the requirement of a nexus, are discussed, as are complex issues of apportionment of damages. Damages law is updated with, among other things, the Federal Circuit’s Mentor decision on apportionment in lost profits cases. The book also provides the latest analysis of willfulness law and attorney fees, including the Supreme Court’s decisions in Halo v. Pulse and Octane v. ICON. The portions of the book dealing with administrative proceedings within the Patent and Trademark Office are heavily revised in accordance with the growing effects of those proceedings on patent litigation strategy. This discussion includes the Supreme Court’s Cuozzo decision, an increased focus on inter partes reviews, and analysis of key issues likely to arise in inter partes reviews.

Learn more about this series.