Lexis Nexis U.S. Patent Opinions and Evaluations
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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.
The 2023 edition ISBN is 9781663356369.
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Featured Authors
Eric E. Bensen
Eric Bensen is an internationally recognized intellectual property law author, consultant and expert witness. In addition to U.S. Patent Opinions and Evaluations, his works as author or coauthor include six leading intellectual property treatises from LexisNexis/Matthew Bender:
Patent Law Perspectives (9 vols.)
Bensen on Patent Licensing Transactions(3 vols.)
Milgrim on Trade Secrets (5 vols.)
Milgrim on Licensing (3 vols.)
New York Intellectual Property Law
He is also the author of LexisNexis’ Patent Statements of Law, a singular tool for quickly identifying quotations that precisely state principles of patent law in a manner that is helpful to the drafter. It is comprised of more than 7500 intuitively organized patent law quotations from more than 1840 decisions including more than 200 Supreme Court decisions each followed by a short parenthetical briefly identifying the technology involved, the procedural posture of the decision and the pertinent facts. His other works from LexisNexis/Matthew Bender include:
Attorney’s Dictionary of Patent Claims (3 vols.)
Gray Markets: Prevention, Detection and Litigation
Intellectual Property in Bankruptcy
Mr. Bensen is the United States Reporter for LexisNexis Australia’s Intellectual Property Reports.
Mr. Bensen has advised clients throughout the United States as well as in Japan and Europe on intellectual property issues arising in litigation, licensing and transactional matters and has served as an expert witness in the United States, the United Kingdom and Germany on matters of U.S. intellectual property law and has worked as a consulting expert on matters of U.S. intellectual property law in connection with proceedings in the United States, France and the European Patent Office. He is admitted to the State Bar of Texas, the United States Supreme Court and the United States Court of Appeals for the Federal Circuit.
Mr. Bensen can be reached at ericbensen@me.com.
For more information, please visit www.ericbensen.com.
Table of contents
CHAPTER 1 OPINIONS & EVALUATIONS – Overview
CHAPTER 2 OPINIONS & EVALUATIONS – Potential Litigation
CHAPTER 3 OPINIONS & EVALUATIONS – Willful Infringement
CHAPTER 4 OPINIONS & EVALUATIONS – Competency of an Opinion
CHAPTER 5 OPINIONS & EVALUATIONS – Privilege and Work Product Immunity
CHAPTER 6 OPINIONS & EVALUATIONS – Due Diligence
CHAPTER 7 OPINIONS & EVALUATIONS – Strategic Patenting
CHAPTER 8 OPINIONS & EVALUATIONS – New Inventions
CHAPTER 9 OPINIONS & EVALUATIONS – Post-Grant UPTO Proceedings
CHAPTER 10 OPINIONS & EVALUATIONS – Bankruptcy Proceedings
CHAPTER 11 OPINIONS & EVALUATIONS – SEC Issues and Patent Audits
CHAPTER 11A OPINIONS & EVALUATIONS – Design Patents
CHAPTER 12 OPINIONS & EVALUATIONS – Other Uses
CHAPTER 12A PATENT LAW – Inventorship, Ownership & Assignment
CHAPTER 12B PATENT LAW – Application and Claim Forms
CHAPTER 12C PATENT LAW – Temporal Scope of a Patent
CHAPTER 13 PATENT LAW – Claim Construction
CHAPTER 14 PATENT LAW – Literal Infringement
CHAPTER 15 PATENT LAW – The Doctrine of Equivalents
CHAPTER 16 PATENT LAW – Indirect & Divided Infringement, “Safe Harbor”
CHAPTER 17 PATENT LAW – Categories of Prior Art
CHAPTER 17A PATENT LAW – Anticipation
CHAPTER 18 PATENT LAW – Anticipation by Other Means
CHAPTER 18A PATENT LAW – Anticipation Under the America Invents Act
CHAPTER 19 PATENT LAW – Obviousness
CHAPTER 20 PATENT LAW – Other Forms of Invalidity
CHAPTER 21 PATENT LAW – Unenforceability
CHAPTER 22 PATENT LAW – 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
