Horwitz on Patent Litigation

Discusses all stages of patent litigation; contains sample jury instructions; issues checklist and litigation forms.

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Horwitz on Patent Litigation discusses all stages of patent litigation; contains sample jury instructions; issues checklist and litigation forms. It also offers tactical strategies for infringement suits and provides convenient checklists of black letter law for many issues arising in litigation, including claim construction, infringement, validity, doctrine of equivalents and prosecution history estoppel. Also included are the complete local patent rules for all districts with rules, and a comparison of the district rules for strategic planning. This product stays current with developments resulting from the Leahy-Smith American Invents Act. In particular, the interplay of litigation and new post-grant proceedings is discussed from both the technical and tactical perspective.

First published 1971 as Patent Litigation: Procedure & Tactics.

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Table of Contents

TABLE OF CONTENTS (current through December 2020)

VOLUME 1
Chapter 1 Prefiling Considerations
Chapter 2 Filing the Suit
Chapter 3 Responding to the Complaint
Chapter 4 Preliminary, Ancillary, and Collateral Matters
Chapter 4A Pretrial Organization
Chapter 5 Pretrial Investigation
Chapter 6 Claim Construction—Markman Hearings
Chapter 7 Experts
Chapter 8 Trial and Judgment
Chapter 9 Plaintiff’s Substantive Case at Trial

VOLUME 2
Chapter 10 Defendant’s Substantive Case at Trial
Chapter 11 Damages
Chapter 12 Injunctive Relief
Chapter 13 Jury Instructions
Chapter 14 Post Grant Proceedings at the PTO and Their Interplay with Litigation
Chapter 15 Practice at the International Trade Commission

VOLUME 3
Appendix 1 Index of Forms
Appendix 2 Reserved
Appendix 3 The AIPLA’s Model Patent Jury Instructions
Appendix A Checklists Relating To Patent Litigation
Appendix B The America Invents Act of 2011—Summary and Commentary
Appendix C Public Law 112-29 [H.R. 1249] Sept. 16, 2011 Leahy-Smith America Invents Act
Appendix D Local Patent Rules, by District
Index