Patent Litigation and Strategy

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.