Aspen Treatise For Patent Law

Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ ​Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Succinct and timely, Patent Law, Sixth Edition demystifies its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own and may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the Sixth Edition: Coverage of the Supreme Court’s ongoing, intensive scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Helsinn (definition of prior art under the AIA) Cuozzo (non-reviewability of institution decisions) Oil States (Constitutionality of AIA) SAS Institute (rejecting partial institution) Return Mail (federal government not a “person” entitled to post-grant review) Dex Media (cert. granted, reviewability of Board’s time-bar decisions) The burgeoning landscape of patent-eligibility jurisprudence under 35 U.S.C. §101, including Federal Circuit decisions in: Vanda, Cleveland Clinic, Genetic Techs., Endo, Athena Diagnostics (laws of nature) Enfish; Thales Visionix (abstract ideas) Berkheimer, Aatrix, Cellspin (role of fact questions in the Mayo/Alice Step Two “inventiveness” inquiry) Disparate viewpoints for analyzing the bedrock requirement of nonobviousness, including the Federal Circuit’s first en banc obviousness decision in thirty years: Apple v. Samsung The continued vitality of infringement under the doctrine of equivalents, as illustrated in a spate of Federal Circuit decisions including: Lilly v. Hospira Supreme Court decisions examining patent infringement remedies, including: WesternGeco (offshore lost profits) NantKwest (cert. granted, attorney fee-shifting in §145 civil actions) Supreme Court decisions cabining long-standing defenses to patent infringement, including: Impression Products (patent exhaustion) SCA Hygiene (laches and equitable estoppel) Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

"A succinct, clearly written, first-principles demystification of U.S. patent law"--

Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.

A lean yet comprehensive casebook on the law of patents that features helpful introductory text, technologically-accessible cases, detailed comments, comparative and policy perspectives, and statutes Incorporates the America Invents Act, the most sweeping changes to the patent statute since 1952 The move from a first-to-invent priority system to a first-inventor-to-file system Significant changes to 35 U.S.C. section 102 Post-grant review of patent applications Inter-partes review of patents. Important new Supreme Court and Federal Circuit cases, including Myriad Genetics, Prometheus Labs, Global Tech, Akamai, Bowman, Actavis, and Therasense Updated Comments and Comparative and Policy Perspectives New and updated PowerPoint slides and website

Patent Law delivers a succinct, single-volume explanation of the principal legal doctrines, key judicial authority, governing statutes, and guiding policy considerations in obtaining and enforcing a U.S. patent. The text breaks down the often abstract and complex statutes and cases into understandable pieces. A final chapter addresses central aspects of international patent law as they affect U.S. practice. Written at an appropriate level for students with or without technical backgrounds, Patent Law is suitable for use with any patent casebook. A valuable reference for students who go on to careers in IP law, the text is helpful in preparing students who choose to take the Patent Office's registration exam. Patent law terms of art are highlighted in boldface type throughout the text and defined in a glossary for quick reference. Visual aids and a sample patent with its prosecution history help students through the course. The Fourth Edition introduces a new chapter explaining the complex America Invents Act of 2011, the most significant change in U.S. patent law in years. The updated text includes key recent Supreme Court cases and Federal Circuit cases such as Mayo v. Prometheus (U.S. 2012) on patent-eligible subject matter and Therasense v. Becton Dickinson (Fed. Cir. 2011) (en banc) on inequitable conduct. Features: succinct, single-volume explanation principal legal doctrines key judicial authority governing statutes guiding policy considerations in obtaining and enforcing a U.S. patent. breaks down abstract and complex patent statutes and cases into understandable text last chapter addresses international patent law s affect on U.S. practice . for students with or without technical backgrounds suitable for use with any patent casebook helpful in preparing to take the Patent Office's registration exam highlights patent law terms of art in boldface type and defines them in a glossary for quick reference visual aids illuminate the text includes a sample patent and its prosecution history valuable reference for students who go on to careers in IP law Thoroughly updated, the revised Fourth Edition presents: new chapter explaining the complex America Invents Act of 2011, the most significant change in U.S. patent law in years key recent Supreme Court cases and Federal Circuit cases Mayo v. Prometheus (U.S. 2012) (patent-eligible subject matter) Therasense v. Becton Dickinson (Fed. Cir. 2011) (en banc ) (inequitable conduct)

This book is tailored for use in a U.S. law school course on patent law and policy. Prof. Miller, who has taught patent law since 2001, has carefully selected and tightly edited the cases and materials in this volume. It is current through the Supreme Court term that ended in June 2015.Importantly, this collection of materials is expressly designed for use in close conjunction with a specific softcover treatise published by Wolters Kluwer-namely, Janice Mueller's Patent Law, Fourth Edition (Aspen Student Treatise Series 2013). At the start of each new topic, this book indicates which pages of Mueller's Patent Law are most relevant to the cases present herein.

This overview of property law addresses both classic and contemporary topics covered in the first-year property course in a clear, accessible format. The book offers clear explanations of property law through textual treatment, with numerous examples, analytical discussion of key cases, and issues followed by hypotheticals. Emphasis is placed on disagreements among states about the applicable rules of property law, with explanations of the conflicting issues. Key Features: New section on the subprime mortgage crisis provides a contemporary look at property law (includes a discussion of the Massachusetts SJC case Commonwealth v. Fremont) Material on the Harry Potter copyright case (Warner Bros. Entertainment, Inc. & J.K. Rowling v. RDR Books) Recent Oregon land-use ballot initiatives regarding property owners' rights (Measures 37 and 49) and their impact A new case on ownership issues surrounding Civil War-era papers once belonging to the governors of South Carolina (Wilcox v. Stroup)

Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.