Copyright Litigation Strategies
Dale Cendali and J. Michael Keyes, Editors
Providing best practices for copyright litigation from many of the foremost names in the world of copyright law, this handbook is organized to break down a copyright case into the various phases of litigation. With a focus on giving litigators practical guidance on making strategic decisions throughout the life of a copyright case, this comprehensive guide explores all aspects of copyright litigation strategies, including: pre-litigation considerations and analysis, alternative dispute resolution, formulating discovery plans, third-party discovery, foreign discovery, handling depositions, working with experts, motion practice, the trial, proving infringement, defeating infringement claims, evidence, and appeals.
Copyright Termination and Recapture Laws: Good Intentions Gone Awry
Marc H. Greenberg
Art is in the eye of the beholder, but the protection of the rights of artists and other creators is in the eye of the legislator. This book describes the history of Congressional efforts to give creators of copyright protected works an opportunity to renegotiate transfer agreements and related licensing agreements–first via a two-term system under the 1909 Act and then via a termination and recapture system under the 1976 Act. The book extensively evaluates policy and legislative evolution and provides thoughtful guidance on how practitioners can create, submit, and effectively prosecute termination requests under current law.
A practical overview of music rights and licensing, this highly-readable book explores the music industry through a legal lens. Timely and engaging, Music & Copyright in America provides perspective, context, and clarity amidst the chaos and challenges of today's music business while offering insights into how the business may evolve. Kevin Parks accomplishes this by exploring the history of the music business in the United States, focusing on early watershed moments in which technology threatened existing industry practices yet created larger opportunities over the longer term.
Copyright Remedies: A Litigator's Guide to Damages and Other Relief
Eric M. Stahl and Henry J. Tashman
This is a practical guide for any litigator prosecuting, defending, or evaluating a copyright infringement lawsuit or claim under the Digital Millennium Copyright Act (DMCA), any practitioner responsible for a copyrighted work that may become the subject of litigation, and any attorney advising clients on copyright and DMCA issues. The authors provide comprehensive coverage of the remedies available and numerous checklists and analysis of subcategories of damages.
Distance Learning and Copyright: A Guide to Legal Issues
Steven A. Armatas
While distance learning is one of the hottest trends in education, the law in this area is underdeveloped and copyright infringement is rampant. Distance Learning and Copyright explains this disparate treatment, informs educators and attorneys about the legal responsibilities of teaching distance learning courses, and helps educational institutions avoid unwanted copyright infringement liability.
A Legal Strategist's Guide to Trademark Trial and Appeal Board Practice, Third Edition
Jonathan Hudis, Editor
A Legal Strategists Guide to Trademark Trial and Appeal Board Practice combines legal expertise with practical insights on all facets of TTAB practice and procedure. It is an equally thorough yet concise up-to-date treatment of the procedural and substantive aspects of TTAB practice. With its prior editions a staple on the bookshelves of trademark litigators, this invaluable treatment of U.S. Trademark Trial and Appeal Board proceedings (TTAB) is written by a veritable "Who's Who" of trademark lawyers and specialists in the practice.
As a result of the recently announced Trademark Trial and Appeal Board rules change, the editor and authors are developing a supplement that will reflect, chapter-by-chapter, these changes. The supplement will shortly be available in digital and print formats. More information will be available about this book at Shop ABA.
The most expansive treatment currently available on survey research and its effective use in court, this comprehensive treatise explains all aspects of surveys and survey research, helping you improve the evidence supporting the case being litigated. With in-depth guidance from a prominent social scientist well-known in the area, this volume examines the full range of scientific issues involved in design, research, and implementation.
Trademark and Deceptive Advertising Surveys Law, Science, and Design
Shari Seidman Diamond and Jerre B. Swann, Editors
Providing judges, attorneys, and researchers with a close analysis of survey design in trademark law, this book supplies practical tools for recognizing and appreciating good survey methodology and distinguishing valuable evidence from its counterpart. This unique volume brings together the viewpoints of academic and legal experts on surveys and survey methodology, combining both theory and practice in a single resource.
This valuable reference gives practitioners complete coverage of all aspects of trademark rights, liabilities, and remedies in both traditional and emerging forms of trademark use and abuse. Topics include establishing liability, equitable relief, preliminary and permanent injunctions, relief and remedies under state law for infringement and unfair competition, and much more. The 2016 Cumulative Supplement adds discussion of attorneys' fees after the Supreme Court's Octane Fitness ruling, a revised chapter on preliminary injunctions, an extensive new section on presumption of irreparable harm after eBay, and more.
ANDA Litigation, Second Edition Strategies and Tactics for Pharmaceutical Patent Litigators
Kenneth L. Dorsney, Editor-in-Chief
Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law, this updated edition of ANDA Litigation is a trusted, single-source guide that balances perspectives from name-brand drug patentees and generic drug manufacturers. With a focus on current and developing law as well as practical strategies and tactics for litigation, the book's highly experienced chapter authors cover in depth all steps in the litigation process.
The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board, Second Edition
Erika Harmon Arner, Kathleen A. Daley, Michael J. Flibbert, Editors
A concise resource for practitioners actively involved in managing the unique aspects of PTAB trials, this guide is written by attorneys who have handled hundreds of PTAB proceedings. They share their practical experience in this developing aspect of patent law, and provide a unique perspective for lawyers advising clients and planning strategy during PTAB trials. Ideal for busy practitioners and organized by topic, a "Practical Tools" chapter compiles, in one place, all of the statutes, rules, and PTAB guidance covering PTAB trials.
Crash Course on US Patent Law
Are you an inventor, law student, engineer, patent agent, or patent attorney? This guide is written in accessible language so that the novice inventor, as well as the expert patent attorney, can use it. While there are many books on patent law, this is the only one with concrete examples, including boilerplate language grounded in extensive patent experience.
Patent Trial Advocacy Casebook, Third Edition
Joseph M. Potenza, Christopher J. Renk, Thomas K. Pratt, Erik S. Mauer
Now in its third edition, this book contains material refined specifically for undergraduate students at Georgetown University Law Center in Washington, D.C. Every aspect is focused on improving students' proficiency in one event: the trial of a patent case. This material is the perfect casebook for anyone who wishes to impart patent trial basics or simply wants to improve their skills in this arena.
Technology Transfer Law Handbook
Elizabeth Rodriguez and Sean Solberg, Editors
This is an invaluable resource for practitioners serving the technology transfer community. It delineates the full scope of recent developments and how they affect technology transfer operations in unique and unexpected ways, and also presents new challenges and opportunities.
Patently Persuasive Strategies for Influencing Judge and Jury
Karen Lisko, Ph.D, and Kevin Boully, Ph.D.
The unique aspects of patent law coupled with the complexities of innovative technology and technical detail in the cases creates a unique challenge for litigators. Written by specialists in the art and science of patent jury persuasion, this handbook focuses exclusively on methods to improve outcomes for your client through effective jury persuasion in patent cases. The authors provide effective strategies based on extensive mock trials and findings of nationwide surveys, considering all aspects of a patent trial including the Markman process, jury selection, invalidity, damages and more.
A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission, Third Edition
Tom M. Schaumberg, Editor
The third edition of this guide to Section 337 investigations reflects insights from decades of cumulative experience before the U.S. International Trade Commission. As practice under Section 337 has increasingly grown, particularly in the last several years, so has interpretation of the law. Many precepts once taken for granted have been overruled and others have arisen that will survive until challenged in the future. This revised and essential guide provides an introduction to practice under Section 337 before the U. S. International Trade Commission for those who are not familiar with it or for those who want a quick update about what to expect when filing a complaint or in being named as a respondent in a Section 337 investigation. Other topics addressed include enforcement of a violation ruling, parallel litigation, and appellate court review of Commission decisions.
The Practitioner's Guide to the PCT
Jay Erstling, Samson Helfgott, and T. David Reed
The Patent Cooperation Treaty (PCT) is the heart of the international patent system and should be considered in every applicant's patent filing strategy. When it is used appropriately, the PCT is a cost-effective option for international patent protecting and provides numerous benefits for applicants, patent offices, and third parties.
Settlement of Patent Litigation and Disputes Improving Decisions and Agreements to Settle and License
John W. Schlicher
Analysis has shown that settlement rather than litigation is generally a more efficient means of resolving patent disputes, and as a result it is playing an increasingly important role in resolving patent disputes. Offering a methodical approach for analyzing the economic forces governing settlement decisions, John Schlicher presents a systematic model for dealing with the complexity of the decision to settle and for handling information needed to make that decision.
Preliminary Relief in Patent Infringement Disputes
Robert H. Resis
Understand the critical role preliminary relief can play in facilitating resolution of a patent infringement dispute and how the eBay Inc. v. MercExchange, LLC decision changed the legal landscape regarding this issue in the minds of many judges. This book addresses issues to consider when seeking relief and reviews how these requests have in recent years been treated by the Federal Circuit and district courts.
Patent Obviousness in the Wake of KSR International Co. v. Teleflex Inc.
Allen F. Gardner and Paul M. Rivard, Editors
The U.S. Supreme Court's 2007 decision in KSR International Co. v. Teleflex Inc. brought about a significant change in patent law. This book presents a review of how this issue has been analyzed, applied, and considered by the International Trade Commission and the U.S. Patent and Trademark Office, the district courts of the various regional circuits, and the U.S. Court of Appeals for the Federal Circuit.
ABA Consumer Guide to Obtaining a Patent
If you are an inventor or entrepreneur who wants to understand how to use the patent system to help fulfill your business goals, this book is for you. The book won't teach you how to write a patent application. What it will teach are the most important principles to understand about patent applications and the patent system–if you want to protect your patentable ideas effectively and efficiently and avoid wasting time and money. You will learn:
- What you might already be doing without realizing it, that can jeopardize your chances of ever getting a patent
- How to determine if you can get a patent on your invention
- Why a patent may or may not be important for your particular business goals
- When to file a patent application, and at what point you should get an attorney involved
- How to avoid making the patenting mistakes that even smart entrepreneurs make every day
The Patent Infringement Litigation Handbook Avoidance and Management
Alan R. Thiele, Judith R. Blakeway and Charles M. Hosch
Providing a plan for invention protection and management, this guide also explains how to manage patent infringement litigation should it become necessary.
Patents Demystified: An Insider's Guide to Protecting Ideas and Inventions
Dylan O Adams
For entrepreneurs, investors, creators, tinkers, and any business with products or processes that can be patented, Patents Demystified provides an easy-to-understand insider guide to patents, patent law, and the patent application process. Based on the author’s first-hand experiences with both...
This invaluable treatise breaks down strategic reasoning behind every phase of patent infringement litigation and provides practice pointers, from pre-litigation issues and initial client counseling through post-grant review. The book explores the perspectives and strategies of both patent owners and patent challengers, providing updates on the most recent trends in patent litigation and winning strategies from some of the country's leading intellectual property attorneys. The 2016 Supplement reviews the U.S. Supreme Court's June 2016 decisions in Cuozzo, holding that USPTO can apply the broadest reasonable construction standard to interpret claims during inter partes review; Halo Electronics, unanimously changing the standard for enhanced damages; and more.
This treatise is essential to help practitioners draft the broadest possible patent by synthesizing and applying lessons from case law to sustain a validity challenge. The Second Edition highlights real-life examples, and focuses in particular on the Leahy-Smith America Invents Act (AIA) and validity trials at the Patent Trial and Appeal Board. The 2016 Cumulative Supplement includes the U.S. Supreme Court's ruling in Cuozzo upholding the PTAB's claim construction standard, the Federal Circuit's en banc decision on direct infringement on remand in Akamai Technologies Inc. v. Limelight Networks, Inc., the Federal Circuit's biosimilars decisions in Amgen Apotex and Amgen v. Sandoz.
Other Topics in IP Law
Arbitrating Patent Disputes: A Practical Guide
David A. Allgeyer, Author
Providing a step-by step road map of what to bear in mind when arbitration is being used to resolve patent issues, this book covers everything from determining whether or not it is a good idea to include arbitration in a patent-related agreement, drafting the clause, kickstarting arbitration, how to conduct it, how to enforce or attack the award, and plenty of ground in between.
Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB
David L Newman, Author
The USPTO encourages participants to use ADR processes to facilitate resolution of complex conflicts. Essential to this process is the expertise of a qualified neutral who can evaluate IP issues and settle conflicts more efficiently than a PTAB Proceeding. This guide describes how neutrals can be engaged to help decide IP conflicts, particularly proceedings at the USPTO.
ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition
Harrie Samaras, Editor
Considering the large number of IP cases that settle every year and the significant financial and business risks this avoids, specialized knowledge and experience in the practice of ADR is a must. This updated and expanded guide will help you learn the skills necessary to expertly represent clients when using alternative dispute resolution (ADR) in intellectual property disputes.
From negotiating agreements with dispute resolution clauses, counseling clients about ADR, and evaluating the terms of settlement, this must-have resource combines the wisdom of attorneys, neutrals, judges, academics and clients to give you the strategies and practical expertise for applying ADR in the simplest to most complex IP cases.
Legal Guide to Video Game Development, Second Edition
Ross A. Dannenberg, Editor
Written by experienced lawyers who work closely with software and video game developer clients, this is THE inside guide to the legal issues involved in taking an idea and creating a product, from beginning to end.
The Tech Contracts Handbook, Second Edition
Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers
David W. Tollen
As with the first edition, this updated edition of the bestselling Tech Contracts Handbook is a user-friendly reference manual and training guide on software licenses and other IT agreements, and addresses cloud computing issues. This handbook is for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, the book uses clear, simple English, just like a good contract.
Chinese Expansion in the EU
Strategies and Policies of the Two Blocks and the Role of the U.S.
by Cristiano Rizzi, Paolo Rizzi, Lex Jon Smith, Li Guo
Globalization has impacted many facets of life, but none so keenly as international trade. Written by a team of international lawyers with broad experience in the area, this book illustrates the critical issues related to different aspects of Chinese Outbound Direct Investments (ODIs). It shows how the dynamic has changed dramatically in recent years as China positions itself in international markets and pours massive amounts of money into offshore investments in the EU as well as in the United States. It includes a masterful introduction to the organization and operations of the China Investment Corporation (CIC).
This White Paper seeks to address the limited category of foreign-originated websites engaged in large-scale piracy of U.S. copyrighted content (in this case, any work or sound recording created in the U.S., covered by federal or state law, capable of dissemination through electronic means) or counterfeiting of U.S. trademarks (in this case, intentional use of a spurious trademark that is identical to, or substantially indistinguishable from, an authentic trademark, in connection with products that are not authorized by the trademark owner or its agent).
IP Attorney's Handbook for Insurance Coverage in Intellectual Property Disputes, Second Edition
David A. Gauntlett
This revised handbook for IP practitioners provides an easy-to-use reference for addressing clients' questions regarding insurance coverage. Lawyers will find information on the policy language that carriers have used, how courts have interpreted this language in the most up-to-date cases, and common issues that intellectual property practitioners need to be sensitive to in litigating insurance cases.
Right of Publicity
Analysis, Valuation, and the Law
Right of publicity is multi-faceted, complex, and continuing to evolve. This book is a clear and accessible examination of the topic—designed to appeal to legal advisors, business and talent managers, and celebrities themselves. It is a valuable resource for the critically important method of valuing rights of publicity and celebrity brands in addition to providing guidance in striking stronger and more lucrative deals.
IP Protection in China
Donna Suchy, Editor
This much-needed book discusses and summarizes the protection of patents, trade secrets, copyrights and trade secrets in China, including how to work with the appropriate government bodies. Written by twenty legal practitioners who are extraordinarily familiar with China's intellectual property laws, this state-of-the-art book discusses and summarizes the protection of patents, trade secrets, copyrights, and trade secrets in China, including how to work with the appropriate government bodies.
Fundamentals of Intellectual Property Law
Lorie M. Graham and Stephen McJohn
- Are Neanderthal genes patentable?
- May a fan write Harry Potter 8?
- Could Amazon.com shut down Amazon Books, a women's bookstore?
Written as an accessible introduction to IP law for undergraduate students, this absorbing book serves as a broad and complete survey of intellectual property law and all it applications. Fundamentals of Intellectual Property Law covers the law, of course, but is equally about authors, artists, inventors, and entrepreneurs—and how intellectual property law affects them.
Antitrust Issues in Intellectual Property Law
Bradford P. Lyerla, Editor-in-Chief
The intersection of intellectual property law and antitrust law is busy and complicated, and there's no reason to believe that the heavy traffic will abate anytime soon. In the past year alone, Congress, regulators and courts have all made significant statements affecting the historical balance between the competing policies underlying intellectual property and antitrust law. Topics cover antitrust issues in these areas:
- Acquisition, procurement, and ownership
- Settlements under the Hatch-Waxman Act
- Incorporation of IP into a standard set by a standard setting organization (SSO)
Fundamentals of Intellectual Property Valuation
A Primer for Identifying and Determining Value
Weston Anson and Donna Suchy
This primer, written by experts in both valuation and intellectual property law, answers some of the most frequently asked questions about identifying the value of the primary types of intellectual property and other intangible assets. The material is presented in six parts to explain this complex topic: introduction to valuation, definitions and glossary, valuation methodologies, valuation of IP and other types of intangible assets, valuation in different contexts, and trends in IP valuation.
The Intellectual Property Handbook, Second Edition
A Practical Guide for Franchise, Business, and IP Counsel
Christopher P. Bussert and James R. Sims III, Editors
Offering practical guidance to non-IP specialists who encounter these issues in their legal practice, this book provides specific and useful information on areas where business interests intersect with intellectual property issues, including trademarks, copyrights, patents, trade secrets, domain names, technology, and more.
This essential guide is the authoritative ABA handbook for anyone involved in the fashion industry and to the process of taking an idea and creating and selling a product in the world of fashion. Written by experienced lawyers who work closely with fashion designer clients, this book is perfect for entertainment and IP; art, design, trade, and law schools; and burgeoning artists with an idea, in need of a guide to get them to inception.
Protecting Trade Secrets
Before, During, and After Litigation
Chris Scott Graham
Trade secrets are an essential component of a well-rounded intellectual property portfolio, and the breadth of available protection can be extensive. A valuable litigation resource, this book explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of litigation.
Explains what a copyright is; what can be copyrighted; ownership of copyright; the Digital Millennium Copyright Act; duration of a copyright; statutory formalities of copyright; infringement; fair use; remedies; and criminal offenses.
Addresses and explains the types of patents and important issues such as the value of patents; what is patentable; how to obtain a patent; enforcement of patents; and more.
Topics include the nature of a trademark; trademark distinction requirements; trademark use and infringement; trademarks as property; and the Anti-Cybersquatting Consumer Protection Act.
Guidelines for getting an invention into the marketplace, emphasizing the role patent plays in promoting, licensing, and selling an invention.
IP Practice and Career Series
Starting an IP Law Practice
Critical Questions to Ask Yourself
Ann M. Mueting
Learn what practitioners like you have faced in setting up their own practices focused on IP law in a variety of settings. This real-world advice will help you understand whether this is the right change for you. Brisk and informative, the book illustrates real-world case studies on a range of IP career options, from solo and small firm practice to patent prosecution to IP practice in-house and at a general firm. You'll find practice-proven tips, tactics, links, advice, tools, and resources, in addition to advice on all aspects of starting a practice.
New Practitioner's Guide to Intellectual Property
David R. Gerk and John M. Fleming
In this readable reference to the rapidly growing area of intellectual property law, the authors, both experienced IP practitioners, provide important background information on the fundamentals of IP law. Explaining how to handle matters from prosecution to litigation, this book is an invaluable resource for newer IP attorneys as well as others who deal with IP issues less frequently.
This book is a day-in-the-life guide, with advice from expert intellectual property practitioners. This book helps both students and those who are changing careers, and provides detailed information on different IP practice areas, including patent, trademark, copyright, trade secrets, and new media. Careers in IP Law has a key focus on employment opportunities, addressing career-related resources and relevant publications.
ABA-IPL Member Benefit: download the eBook version at no charge.