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Patent Law

This guide provides a list of sources that will assist in learning about, studying, and practicing patent law.

Practice Materials

Andrew S. Balluch, et al., America Invents Act: Law & Analysis (LAW STACKS, 1st Floor, KF 3101.62011 .A2 2013)
Discusses how to find the correct effective date for important changes in the law, how the Act may be interpreted, and how the Act may affect your client.

David K. Barr, et al., 
Pharmaceutical and Biotech Patent Law (Supp. 2014)
Available on Bloomberg Law
Shows how to craft patent applications, partner with the government to bring patented inventions quickly to the marketplace, invalidate competitors' patents, protect against various forms of patent infringement, and successfully rebut charges that your clients are infringers. Includes detailed checklists. 

Gregory J. Battersby & Charles W. Grimes, Patent Disputes: Litigation Forms & Analysis (Supp. 2014)
Available on WestlawNext
Includes over 60 full-length agreements, with checklists and commentary, covering patent litigation in federal courts and administrative bodies.

Stephen A. Becker, Patent Applications Handbook (2015)
Available on WestlawNext
Discusses the procedures for filing and prosecuting applications. Describes what must be included in an application and explains the fundamentals of preparing a disclosure, drafting claims, and submitting prior art under the new rules.

Eric E. Benson, Patent Commentaries Analyzing the America Invents Act (2011)
Available on Lexis Advance
Helps corporate and outside counsel understand the impact of the Leahy-Smith America Invents Act (AIA). Includes analysis on the rolling effective dates of different provisions and guidance if companies should file patent applications while the old law is still in effect.

Brian G. Brunsvold, et al., Drafting Patent License Agreements (2012)
Available on Bloomberg Law
Guides legal professionals through all of the most crucial elements of any licensing agreement. 

Bryan W. Butler, Patent Infringement: Compensation and Damages (2015)
Available on Lexis Advance
Explains each step of the patent infringement process, from a finding of infringement to a determination of damages.  Examines how awards of damages are treated under accounting rules, and discusses the admissibility of evidence from expert witnesses respecting damages. 

Thomas L. Creel, Patent Claim Construction and Markman Hearings (2015)
Available on Bloomberg Law
Covers claim construction and the special procedures that have evolved to accomplish such construction. 

John de la Rosa, 
Attorney's Dictionary of Patent Claims (2015)
Available on Lexis Advance
Provides assistance in preparing patent applications. 
 
Irah H. Donner, Constructing and Deconstructing Patents (LAW STACKS, 1st Floor, KF 3120 .D657 2015)
Available on Bloomberg Law
Provides ananalysis of the patent process and provides the tools necessary to defend against patent litigation.

Irah H. Donner, Patent Prosecution: Law, Practice, and Procedure (2015)
Available on Bloomberg Law
Examines rejections from the U.S. Patent Office, and includes an analysis of the U.S. Patent Office's guidelines. 

Kenneth Dorsney (ed.), ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators (LAW STACKS, 1st Floor, KF 3133 .B56 A753 2016)
Examines the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law in the context of Paragraph IV ANDA litigation. 

Donald R. Dunner et al., Court of Appeals for the Federal Circuit: Practice and Procedure (2015)
Available on Lexis Advance
Provides detailed coverage of the procedure for patent and trademark cases on review in the Court of Appeals for the Federal Circuit from the U.S. Patent and Trademark Office and the U.S. District Courts. 

Harold Einhorn & Eric E. Benson, Patent Licensing Transactions (2015)
Available on Lexis Advance
Topics covered include royalty bases and rates, domestic and foreign patent licensing, assignments, territorial limitations and duration, termination of agreements, antitrust, U.S. taxation of domestic and foreign patent transactions, and government and university licensing. Also includes forms. 

Aline C. Flower & Wesley D. Blakeslee (eds.), 
Intellectual Property Technology Transfer (LAW STACKS, 1st Floor, KF 3145 .I58 2014)
Available on Bloomberg Law
Analyzes the relationship between industry interests and the research conducted in research laboratories. 

Dr. David Garrod, Garrod Patent Glossary - Chemical, Pharmaceutical and Biotechnology Arts (2011)
Available on Lexis Advance
Provides citations to cases that define specific words and phrases used in patent claims. 

Dr. David Garrod, Garrod Patent Glossary - Electronics, Computer and Business Methods Arts (2011)
Available on Lexis Advance

Provides citations to cases that define specific words and phrases used in patent claims. 

Dr. David Garrod, Garrod Patent Glossary - Mechanical, Electro-Mechanical and Medical Devices Arts (2011)
Available on Lexis Advance
Provides citations to cases that define specific words and phrases used in patent claims. 

David R. Gerk & John M. Fleming, New Practitioner's Guide to Intellectual Property (LAW STACKS, 1st Floor, KF 2979 .G47 2012)
Provides important background and history as well as information on prosecution and litigation for patents, trademark, trade dress, unfair competition, trade secrets, and copyright. Includes information on how to handle various aspects of IP ranging from procurement to enforcement. 

Barry L. Grossman & Gary M. Hoffman (eds.), Patent Litigation Strategies Handbook (Supp. 2014)
Available on Bloomberg Law
Provides discussions, analysis and planning behind every phase of patent infringement litigation, beginning with the initial client counseling through the filing of the Notice of Appeal. 

Henry B. Gutman, et al. (eds.) 
Anatomy of a Patent Case (2012)
Available on Bloomberg Law
Provides a detailed analysis of every stage of a patent case, from complaint to Federal Circuit appeal.

Ronald B. Hildreth & David Aker, Patent Law: A Practitioner's Guide (2014)
Available on Bloomberg Law
Discusses the legal framework governing patents, including federal regulations and court decisions; the widely accepted four-step test used by the courts to determine an invention's patentability; the various tests used to indicate direct infringement and other patent violations; and drafting techniques used to prepare the full variety of documents, including specifications and claims.

Todd S. Holbrook & Alan Nathan Harris (eds.), 
Model Jury Instructions: Copyright, Trademark, and Trade Dress Litigation (LAW STACKS, 1st Floor, KF 8984 .M63 2008)
Provides clear and balanced instructions for presentation to juries on copyright, trademark, and trade dress litigation. Individual instructions are followed by commentary that includes discussion of the cases from which the instruction was derived, as well as how and when to adapt the instruction to particular cases, to the laws of particular states, to the requirements of particular jurisdictions, or in light of inconsistent authority. 

Mark S. Holmes, Patent Licensing: Strategy, Negotiation, and Forms (2014)
Available on Bloomberg Law
Provides hundreds of adaptable sample licensing clauses and provisions. 

Ethan Horwitz & Lisa Hershman, Patent Litigation: Client Handbook (2012)
Available on Lexis Advance
Designed to explain to clients the nature and issues in patent litigation so they can become partners with counsel in the litigation and take a proactive stand. 

Lester Horwitz & Ethan Horwitz, Horwitz on Patent Litigation (2015)
Available on Lexis Advance
Discusses all stages of patent litigation; contains sample jury instructions; issues checklist and litigation forms. Offers tactical strategies for infringement suits and provides convenient checklists of black letter law for claim construction, infringement, validity, doctrine of equivalents and prosecution history estoppel.

Lester Horwitz & Ethan Horwitz (eds.), 
Intellectual Property Counseling and Litigation (2015)
Available on Lexis Advance
Built to give the general practitioner a tool in advising clients on various aspects of IP law. Each chapter covers a specific area of IP law in a way that someone unfamiliar with that area can quickly get up to speed and advise clients. 

Peter Seth Menell et al., Patent Case Management Judicial Guide (LAW STACKS, 1st Floor, KF 3120 .P38 2009)
Available at the Federal Judicial Commission
Offers suggestions for streamlining case management. Includes Supreme Court and Federal Circuit decisions. Discusses the ramifications of the America Invents Act for patent case management.

Edward Manzo, The America Invents Act: A Guide to Patent Litigation and Patent Procedure (2014)
Available on WestlawNext
Explains the major substantive patent law revisions, addresses major changes affecting litigation, reviews the four new trial proceedings at the Patent Trial and Appeal Board, addresses changes to non-trial submissions of prior art and other information to the USPTO, and focuses on the remaining changes to USPTO practice and miscellaneous provisions of the America Invents Act. 

Morgan D. Rosenberg & Richard J. Apley, Business Method and Software Patents: A Practical Guide (LAW STACKS, 1st Floor, KF 3133 .B87 R67 2012)
Addresses the drafting of business-method and software patents in the wake of Bilski v. Kappos. Includes a review and analysis of all relevant case law and USPTO guidelines. 

Jerome Rosenstock, Priority of Invention & the AIA (Supp. 2015)
Available on WestlawNext
Takes the user through the correct procedures of the pre-America Invents Act interference process and details the new procedures that are a part of the AIA. 

Terence P. Ross, 
Intellectual Property: Damages and Remedies (Supp. 2013)
Available on Lexis Advance
Addresses how to recover monetary compensation when an infringement has occurred and how to prevent further infringement. 

Faisal Shah, Corporate Counsel Solutions: Intellectual Property Management: Strategies and Tactics (2015)
Available on Lexis Advance
Discusses cybersquatting, IP licensing, patents, copyright, and trade secret protection. Also includes warnings, practice tips, checklists, and forms. 

Jeffrey G. Sheldon, How to Write a Patent Application (2015)
Available on Bloomberg Law
Explains, analyzes, and illustrates all the essential principles and techniques of drafting solid patent applications.

John M. Skenyon, et al., Patent Damages Law & Practice (2014)
Available on WestlawNext
Includes tips for evaluating a claim, strategies for patent damage litigation, and discovery techniques. 

Ronald D. Slusky, Invention Analysis and Claiming: A Patent Lawyer's Guide (LAW STACKS, 1st Floor, KF 3131 .S58 2012)
Presents a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. 

Matthew A. Smith, et al., Inter Partes Revocation Proceedings (2012)
Available on WestlawNext
Practitioner's guide to the statutes, regulations, and guidance that govern inter partes revocation proceedings including inter partes review, post-grant review and inter partes reexamination.

Gregory E. Upchurch, Intellectual Property Litigation Guide: Patents and Trade Secrets (2015)
Available on WestlawNext
Covers procedural and evidentiary issues that arise in patent and trade secret disputes and litigation.

Shashank Upadhye, Generic Pharmaceutical Patent & FDA Law (2015)
Available on WestlawNext
Starts with the principles of patent law and patent infringement and then adds the principles of FDA regulatory law. Discusses issues surrounding every aspect of generic drug development, approval, and litigation.

West's Legal Forms: Intellectual Property (Vol. 25) (LAW STACKS, 2nd Floor, KF 170 .W472 1981-current)
Available on WestlawNext
Contains forms related to patents, copyrights, trademarks, and entertainment industry agreements.

Practice Materials

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