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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. The eBook version of this title features links to Lexis Advance for further legal research options.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

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Table of Contents

Table of Contents (Current Through Release 72, May 2015)

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

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

Appendix 1 Index of Forms

Appendix 2 Reserved

Appendix 3 Sample 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