Intellectual Property Counseling and Litigation
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Intellectual Property Counseling and Litigation is built to give the general practitioner a tool to in advising clients on various aspects of IP law. Each chapter of the treatise covers a specific area of IP law in a way that someone unfamiliar with that area can quickly get up to speed and advise clients. Each chapter is written by an expert in that area of IP law and not only provides a general overview of that area, but also gives insights that only come with years of practical experience. If you have only one IP book in your library, this is the one to have.
It does not matter if you are a general counsel that needs to learn about trademark law or a copyright attorney who wants to understand the latest patent amendments. Intellectual Property Counseling and Litigation is a must-have for your library as it provides the latest analysis for all IP topics to help you make sense of what is new and exciting in this continuously changing area of law.
This all-inclusive practice guide also offers both client counseling and dispute resolution. As of November 2020, the following units have been revised by these leading and practicing U.S. intellectual property attorneys:
• CHAPTER 48: Containing Costs in Intellectual Property Litigation by Rajkumar Vinnakota, a Partner at Janik Vinnakota LLP.
• CHAPTER 53: Alternative Dispute Resolution by Angela T. Puentes-Leon, a products liability and commercial litigation attorney practicing in Florida.
• CHAPTER 54: Settlement Technique by Miles J. Alexander, Senior Partner and Lisa Pearson, Partner at Kilpatrick, Townsend & Stockton LLP.
• CHAPTER 75: Experts by General Editor Ethan Horwitz, a Shareholder with Carlton Fields, P.A.
• CHAPTER 80: Trial Techniques in Trade Secret Cases by by Eric E. Bensen, an internationally recognized intellectual property law author, consultant and expert witness.
• CHAPTER 88: Damages in Copyright Cases by Roberta Jacobs-Meadway, who continues to write and speak on IP related topics and has served as an expert witness in connection with trademarks
• CHAPTER 90: Personal Liability of Officers and Directors for Corporate Infringement of Intellectual Property Rights Katrina Rose, J.D., Ph.D., who writes extensively on IP related topics and the history of transgender law.
Also available on Authority Intellectual Property Law Library CD-ROM.
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Table of contents
PART I OVERVIEW OF THE LAW
CHAPTER 1 Patent Law Overview
CHAPTER 2 Trademark Law Overview
CHAPTER 3 Reserved
CHAPTER 4 Reserved
CHAPTER 5 Trade Secret Overview
CHAPTER 6 Reserved
CHAPTER 7 Reserved
PART II PROTECTING THE SUBJECT MATTER
CHAPTER 8 Overview of Patent Prosecution
CHAPTER 9 Drafting Patents with a View to Litigation
CHAPTER 10 Protecting Designs by Trademarks, Copyrights, and Design Patents
CHAPTER 11 Protecting Biotechnology
CHAPTER 12 Biotechnology Deposit Requirements
CHAPTER 13 The Chip Protection Act
CHAPTER 14 Software Protection
CHAPTER 15 Process Patents
CHAPTER 16 Intellectual Property Protection of E-Commerce
CHAPTER 17 Reserved
CHAPTER 18 Privacy, Publicity and Intellectual Property
CHAPTER 19 False Comparative Advertising
PART III INTELLECTUAL PROPERTY IN BUSINESS LAW SETTINGS
CHAPTER 20 Arbitration and Arbitration Clauses
CHAPTER 21 Technology Joint Ventures
CHAPTER 22 Drafting and Enforcing Noncompetition Clauses for Employees
CHAPTER 23 The Interface between Antitrust and Intellectual Property Law Principles
CHAPTER 24 Bankruptcy and Intellectual Property Licensing
CHAPTER 25 Intellectual Property in Government Contracts
CHAPTER 26 Tax Planning for Intellectual Property
CHAPTER 27 Export Control of Intellectual Property
CHAPTER 28 Reserved
CHAPTER 29 Insurance Coverage for Intellectual Property Lawsuits
CHAPTER 30 Defensive Measures Against Counterfeiting
CHAPTER 31 Reserved
CHAPTER 32 Gray Market and other Unapproved Goods
CHAPTER 33 Chip Protection: Litigation, Licensing and International Issues
CHAPTER 34 Risk Evaluation in Intellectual Property Litigation
CHAPTER 35 Reserved
CHAPTER 36 Reserved
CHAPTER 37 Reserved
CHAPTER 38 Reserved
CHAPTER 39 Reserved
PART IV COUNSELING IN FOREIGN SETTINGS
CHAPTER 40 Foreign Trademark Counseling and Strategy
CHAPTER 41 Strategies for Foreign Patenting of U.S. Inventions
CHAPTER 42 International Technology License Agreements
CHAPTER 43 Foreign Patent Litigation
CHAPTER 44 Reserved
CHAPTER 45 Reserved
CHAPTER 46 Reserved
PART V LITIGATING THE INTELLECTUAL PROPERTY CASE
CHAPTER 47 Overview of Patent Litigation
CHAPTER 48 Containing Costs in Intellectual Property Litigation
CHAPTER 49 Attorney-Client Privilege and Work-Product Immunity in Intellectual Property
CHAPTER 50 Legal Opinions in Intellectual Property Matters
B. EVALUATING AND RESOLVING THE CONTROVERSY BEFORE TRIAL
CHAPTER 51 Reserved
CHAPTER 52 Reserved
CHAPTER 53 Alternative Dispute Resolution
CHAPTER 54 Settlement Techniques
C. JURISDICTION AND CAUSES OF ACTION
CHAPTER 55 Jurisdiction and Venue in Intellectual Property Litigation
CHAPTER 56 Checklist of Patent Causes of Action and Defenses (With Sample Pleadings)
CHAPTER 57 Checklist of Trademark-Related Causes of Action and Defenses (With Sample Pleadings)
CHAPTER 58 Checklist of Trade Secret Causes of Action and Defenses (With Sample Pleadings)
CHAPTER 59 Checklists of Copyright Causes of Action and Defenses (With Sample Pleadings)
CHAPTER 60 Reserved
CHAPTER 61 Reserved
CHAPTER 62 Reserved
CHAPTER 63 Reserved
CHAPTER 64 Reserved
D. PRELIMINARY RELIEF
CHAPTER 65 Survey of Preliminary Injunction Requirements
CHAPTER 66 Federal Ex Parte Temporary Relief
CHAPTER 67 Reserved
CHAPTER 68 Reserved
CHAPTER 69 Reserved
CHAPTER 70 Discovery in Patent Cases
CHAPTER 71 Discovery in Trademark Cases in the Courts and Trademark Trial and Appeal Board
CHAPTER 72 Discovery in Trade Secret Cases
CHAPTER 73 Reserved
CHAPTER 74 Reserved
F. TRIAL TECHNIQUES
CHAPTER 75 Experts
CHAPTER 76 Surveys
CHAPTER 77 Trial Techniques in Jury and Bench Trials of Copyright Cases
CHAPTER 78 Trial Techniques in Jury and Bench Trials of Patent Cases
CHAPTER 79 Trial Techniques in Trademark Cases
CHAPTER 80 Trial Techniques in Trade Secret Cases
CHAPTER 81 Reserved
CHAPTER 82 Reserved
CHAPTER 83 Reserved
CHAPTER 84 Reserved
CHAPTER 85 Compensation in Patent Infringement Cases
CHAPTER 86 Fashioning Injunctions in Trademark Cases
CHAPTER 87 Damages for Trademark Infringement
CHAPTER 88 Damages in Copyright Cases
CHAPTER 89 Willfulness and Defense to Willfulness
CHAPTER 90 Personal Liability of Officers and Directors for Corporate Infringement of Intellectual Property Rights
CHAPTER 91 Attorney’s Fees
CHAPTER 92 Reserved
CHAPTER 93 Reserved
CHAPTER 94 Reserved
CHAPTER 95 Reserved
CHAPTER 96 Reserved
CHAPTER 97 Reserved
CHAPTER 98 Reserved
PART VI PRACTICE IN PARTICULAR TRIBUNALS
CHAPTER 99 Reserved
CHAPTER 100 Effective Presentation of Evidence in Proceedings Before the Patent and Trademark Office
CHAPTER 101 Post Grant Proceedings under the AIA: Review Proceedings before the Patent Trial and Appeal Board
CHAPTER 102 Practice on Appeal Before the Board of Patent Appeals and Interferences
CHAPTER 103 Inter Partes Practice at the Trademark Trial and Appeal Board
CHAPTER 104 Reserved
CHAPTER 105 Practice Before the Court of Appeals for the Federal Circuit
CHAPTER 106 Practice at the International Trade Commission
CHAPTER 107 U.S. Court of Federal Claims Practice