U.S. Patent Opinions and Evaluations

Eric Bensen provides expert, up-to-date, practical advice and guidance on the four principle issues of patent opinions and evaluations: claim construction and claim scope, infringement, validity, and enforceability.
Publisher: LexisNexis
eBook :epub
2019 Edition
$367.00
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ISBN: 9781522169475
Publisher: LexisNexis
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Book Edition: 2019

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U.S. Patent Opinions & Evaluations authored by Eric Bensen: Patent opinions and evaluations are used in virtually all endeavors involving United States patents, including litigation, prosecution, licensing, product design, product launch, evaluation for acquisition or disposition of intellectual property, bankruptcy, and U.S. securities issues. In U.S. Patent Opinions and Evaluations, Eric Bensen provides expert, up-to-date, practical advice and guidance on the four principle issues of patent opinions and evaluations: claim construction and claim scope, infringement, validity, and enforceability.

Eric Bensen masterfully addresses the needs of the practicing attorney preparing a patent opinion, combining discussions and the framework of the current law with specific practice tips. He also provides clear, straight-forward guidance for non-patent professionals on the principles of U.S. patent law and the fundamentals of U.S. patent opinions and evaluations, allowing them to better understand and rely on them. U.S. Patent Opinions and Evaluations covers everything from general issues--including overviews of opinions, rules for preparing competent opinions, and waiver to nuts-and-bolts issues such as claim construction and claim scope, infringement, validity, and enforceability. The Practice Tips and the appendices provide further practical guidance by setting forth exemplary outlines of opinions and evaluations. A subject index enables quick and easy use of the book as a reference for specific topics.

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Table of Contents

CHAPTER 1 Evaluations and Opinions of U.S. Patents
CHAPTER 2 Evaluations and Opinions of U.S. Patents for Infringement and Noninfringement, Validity and Invalidity, and Enforceability and Unenforceability, and Clearance (Freedom to Operate); and A Businessperson’s Guide to Understanding and Relying on Evaluations and Opinions of U.S. Patents
CHAPTER 3 Opinions for Avoiding Willful Infringement, Including Opinions of Nonwillfulness
CHAPTER 4 Competency of, and Reliance on, Opinions for Avoiding Willful Infringement
CHAPTER 5 Attorney–Client Privilege and Work Product Immunity Issues Related to Opinions for Avoiding Willful Infringement
CHAPTER 6 Role of Evaluations and Opinions of U.S. Patents in Due Diligence
CHAPTER 7 Use of Evaluations and Opinions of U.S. Patents in Strategic Patenting, Including Patent Landscapes, and Ownership Issues
CHAPTER 8 Evaluations and Opinions of Patentability for Potentially New Inventions
CHAPTER 9 Evaluations and Opinions of Patents for Post-Grant U.S. Patent Office Proceedings
CHAPTER 10 Evaluations and Opinions of Patents in Bankruptcy
CHAPTER 11 Evaluations and Opinions of U.S. Patents for SEC Issues and Patent Audits
CHAPTER 12 Other Uses of Evaluations and Opinions of U.S. Patents: Prefiling Rule 11 and Section 285 Investigations, Declaratory Judgment Actions, Preliminary Injunctions, FDA-Related ANDA Matters, Litigation in “Rocket Docket” Jurisdictions, and ITC Investigations
CHAPTER 13 Claim Construction
CHAPTER 14 Literal Infringement
CHAPTER 15 Infringement under the Doctrine of Equivalents
CHAPTER 16 Indirect Infringement, Divided Infringement, and Section 271(e)(1) “Safe Harbor”
CHAPTER 17 General Principles of Anticipation and Anticipation by Printed Publication
CHAPTER 18 Other Forms of Anticipation
CHAPTER 18A Anticipation Under the America Invents Act
CHAPTER 19 Obviousness
CHAPTER 20 Other Forms of Invalidity
CHAPTER 21 Unenforceability
CHAPTER 22 Defenses to a Claim of Infringement
Appendix A Sample Outline of Noninfringement and Invalidity Opinion
Appendix B Sample Outline of Noninfringement Opinion
Appendix C Sample Outline of Invalidity Opinion
Appendix D U.S. Patent Act with Parallel AIA and Still-Current 1952 Act Provisions
Appendix E Local Rules Respecting Opinions of Counsel Offered in Defense to a Claim of Willful Infringement