Patent Infringement Litigation: Step by Step from Dispute Through Trial for Executives, Witnesses, and In-house Counsel

Author:   Lester L. Hewitt
Publisher:   Aspatore Books
ISBN:  

9781596221956


Pages:   264
Publication Date:   15 May 2005
Format:   Paperback
Availability:   In Print   Availability explained
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Patent Infringement Litigation: Step by Step from Dispute Through Trial for Executives, Witnesses, and In-house Counsel


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Full Product Details

Author:   Lester L. Hewitt
Publisher:   Aspatore Books
Imprint:   Aspatore Books
Dimensions:   Width: 14.20cm , Height: 1.90cm , Length: 21.80cm
Weight:   0.327kg
ISBN:  

9781596221956


ISBN 10:   159622195
Pages:   264
Publication Date:   15 May 2005
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

TABLE OF CONTENTS Preface: The Patent System-Flawed but Workable Chapter 1: Reflections of a Patent Owner and Alleged Infringer--A Week into a Patent Infringement Trial A. The Alleged Infringer B. The Patent Owner Chapter 2: Example of How a Patent Dispute Might Arise A. The Invention B. Patent Owner Learns of Competitor's Potential Infringement C. Meeting of Parties--Disastrous Results Chapter 3: The Dynamics of a Typical Patent Litigation: An Introduction A. The U.S. Patent Right B. Prior Art and the Date of Invention--Fundamental Concepts in Patent Law C. A Patent is a Right to Exclude, Not a Right to Use D. A Patent Infringement Lawsuit is Complex Litigation Chapter 4: The Complaint, Answer, Initial Disclosure, and Docket Control Order A. The Complaint B. The Answer C. Preparation of Initial Disclosures and Joint Discovery/Case Management Plan D. Docket Control Order Chapter 5: The Discovery Process--Planning the Case A. What Is Discovery ? B. The Protective Order C. Protection of Privileged Documents and Information D. A Listing of Information Typically Relevant for Production in a Patent Infringement Case E. Third-Party Discovery F. The Role of the Experts G. Engagement of the Experts Chapter 6: The Markman Hearing: Impact of the Ruling Chapter 7: Is an Alternate Noninfringing Design Available to the Accused Infringer? Chapter 8: Mediation: What Is it? How Does it Work? Chapter 9: Fact Depositions A. Fact Depositions in General B. Preparing the Witness for Deposition C. Understanding the Deposition Process: Instructions to the Witness Chapter 10: Depositions of Experts Chapter 11: Summary Judgment Chapter 12: Jury Consultants and Jury Studies A. The Role of the Jury in a Patent Trial B. Jury Consultants--Pretrial C. Jury Consultants--Trial Chapter 13: Closing of Discovery/Pretrial Order Chapter 14: Final Preparation Before Trial Chapter 15: The Trial A. The First Day of Trial B. The Patent Owner's Case-in-Chief C. Hearing on Motions for Judgment as a Matter of Law D. The Accused Infringer's Case in Defense E. Rebuttal by Patent Owner F. Reading of Jury Instructions to Jury G. Closing Arguments H. Jury Deliberation and Verdict I. The Jury Verdict Chapter 16: Postrial Motions and Final Judgment A. The Final Judgment Will Likely Include an Injunction Chapter 17: Postrial Mediation and the Appellate Process A. Postrial Mediation B. The Appellate Process APPENDICES

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Lester L. (Les) Hewitt is a partner in the national law firm of Akin Gump Strauss Hauer & Feld, and is Co-Chairman of both the IP Section and the Patent Litigation Section firm-wide. He has litigated IP cases of all types, but has specialized in patent litigation on both sides of the aisle for several decades. He is consistently named a Best Lawyer in America, was recognized as a Texas Super Lawyer in 2003, and was listed in Chambers USA recently.

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