This invaluable treatise, in 31 chapters and two volumes, breaks down strategic reasoning behind every phase of patent infringement litigation, from prelitigation issues and initial client counseling through the filing of the Notice of Appeal. The book explores the perspectives and strategies of both patent owners and patent challengers, providing updates on the most recent trends in patent litigation and winning strategies from some of the country's leading attorneys.
Reflecting on Yale Professor William Robinson's 1890 three-volume treatise on patents, a federal judge once observed that little has changed in the grand framework of patent law. However, while the view from above may seem unchanged, the ground-level realities of patent litigation have undergone profound transformation. This field has been continually reshaped by an array of forces, from sweeping Supreme Court decisions echoing through lower courts to the growing intricacies of emerging technologies such as artificial intelligence, IoT, and biopharmaceuticals. Patent litigation continues to change and evolve, spurred on by challenges presented by patentability, non-practicing entities, and influential procedures in Texas and Delaware courts. The Federal Circuit, now deeply divided, has accepted its first en banc utility patent case in six years, while Section 101 persists as a contentious and uncertain area in both case law and legislative proposals. The post-TC Heartland landscape, developments in PTAB practices, and the impact of arbitration have further redefined the litigation process. Against this backdrop, our contributors offer insights from the most respected leaders at the bar and bench, sharing expertise and perspectives on these pressing topics and more.
