U.S. Patent Opinions and Evaluations

David L. Fox (Autor)

Buch | Softcover

906 Seiten

2012 | 2nd Revised edition
Oxford University Press Inc (Verlag)
978-0-19-975110-5 (ISBN)

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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, David L. Fox 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. The second edition of this comprehensive book features a first-of-its-kind discussion of opinions of non-willful infringement based on the Seagate two-prong test for objective willfulness, including an analysis of the test and the Federal Circuit decisions that have applied it. The case law, including Bilski, and developments in indirect and joint infringement, has been completely updated, along with effects on willfulness. This new edition of U.S. Patent Opinions and Evaluations has also been restructured for easier use by attorneys preparing opinions and those relying on these opinions. David L.
Fox 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.

David L. Fox is Of Counsel at The JL Salazar Law Firm, PLLC in Houston. His legal experience extends from practicing intellectual property law to scientific publishing and research. He maintains an active international practice of client counseling and strategic advice on opinions and evaluations of patents, prosecution, IP due diligence, strategic patenting, licensing, and litigation in a broad range of technologies including biotechnology. His scientific experience extends to biotechnology, molecular biology, cancer biology, immunology, microbiology, and agriculture. In addition to a J.D. from Loyola University, he holds a Ph.D. in microbiology from Columbia University.

PREFACE: HOW TO BEST USE THIS BOOK ; CHAPTER 1 EVALUATIONS AND OPINIONS OF U.S. PATENTS: OVERVIEW ; I. HOW TO USE THIS TREATISE/HIGHLIGHTS OF THE TREATISE ; II. OVERVIEW OF EVALUATIONS AND OPINIONS OF U.S. PATENTS ; III. THE FOUR PATENT LAW PRINCIPLES THAT APPLY TO EVALUATIONS AND OPINIONS OF U.S. PATENTS ; IV. EVALUATIONS AND OPINIONS OF THIRD PARTY PATENT RIGHTS ; V. EVALUATING AND OPINING ON ONE'S OWN PATENT RIGHTS ; VI. LEGAL COMPETENCY OF (AND RELIANCE ON) OPINIONS TO AVOID WILLFUL INFRINGEMENT ; VII. WAIVER OF ATTORNEY-CLIENT PRIVILEGE AND WORK-PRODUCT IMMUNITY ISSUES WITH EVALUATIONS AND OPINIONS OF U.S. PATENTS ; VIII. SAMPLE OUTLINES OF NONINFRINGEMENT AND INVALIDITY OPINIONS ; IX. DETAILED SUBJECT MATTER INDEX AND CASE, STATUTE AND RULE INDEX ; CHAPTER 2 PATENT LAW PRINCIPLE I: CLAIM CONSTRUCTION ; I. VIRTUALLY ALL PATENT EVALUATIONS AND OPINIONS MUST CONSTRUE CLAIMS ; II. THE CLAIMS DEFINE THE SCOPE OF THE PATENT GRANT ; III. EVIDENCE FOR CLAIM CONSTRUCTION ; IV. CURRENT LAW OF THE PROCESS OF 6

Erscheint lt. Verlag	10.1.2013
Verlagsort	New York
Sprache	englisch
Maße	161 x 233 mm
Gewicht	1438 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht
ISBN-10	0-19-975110-2 / 0199751102
ISBN-13	978-0-19-975110-5 / 9780199751105
Zustand	Neuware