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Improving Federal Court Adjudication Of Patent Cases
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Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher : ISBN 13 : Total Pages :236 pages Book Rating :4.:/5 (327 download)
Book Synopsis Improving Federal Court Adjudication of Patent Cases by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Download or read book Improving Federal Court Adjudication of Patent Cases written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2005 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress Publisher :Createspace Independent Publishing Platform ISBN 13 :9781985211384 Total Pages :234 pages Book Rating :4.2/5 (113 download)
Book Synopsis Improving Federal Court Adjudication of Patent Cases by : United States. Congress
Download or read book Improving Federal Court Adjudication of Patent Cases written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-02-09 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving federal court adjudication of patent cases : hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, October 6, 2005.
Book Synopsis IMPROVING FEDERAL COURT ADJUDICATION OF PATENT CASES... HEARING... SERIAL NO. 109-59... COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPS.... 10 by : United States. Congress. House. Committee on the Judiciary
Download or read book IMPROVING FEDERAL COURT ADJUDICATION OF PATENT CASES... HEARING... SERIAL NO. 109-59... COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPS.... 10 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2006* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis House Hearing, 109th Congress by : U.S. Government Printing Office (Gpo)
Download or read book House Hearing, 109th Congress written by U.S. Government Printing Office (Gpo) and published by BiblioGov. This book was released on 2013-11 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Experience and the Efficiency and Accuracy of Patent Adjudication by : Jay P. Kesan
Download or read book Judicial Experience and the Efficiency and Accuracy of Patent Adjudication written by Jay P. Kesan and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the U.S. Court of Appeals for the Federal Circuit (CAFC) is generally regarded as an improvement in the system of patent adjudication in the United States. There is, however, considerable support for the creation of a specialized patent trial court based on the argument that we need to create specialized, judicial human capital at the trial level. Proponents favoring this change base their reasoning on the two-part argument that, because of the complexity of patent cases and the natural limitation on most federal judges to be hearing a significant volume of patent cases, experienced federal judges on a specialized patent trial court will (1) resolve cases more efficiently (i.e., the duration of patent cases will be shorter), and (2) render more accurate decisions (i.e., lower reversal rate on appeal). We treat each part of this argument as hypotheses to be tested by statistically analyzing the relationship between both general and patent-specific judicial experience of federal judges hearing patent cases and the efficiency and accuracy with which their cases were handled. In other words, we empirically answer the question whether federal judges exposed to more patent cases are better in terms of efficiently and accurately deciding patent cases compared to their judicial counterparts who have lesser exposure to patent cases. We measure general experience in terms of years on the bench (and other variables), cumulative patent experience in terms of the total number of patent cases a judge had presided over since the Federal Circuit Markman ruling, and recent patent experience by the number of patent cases a judge had presided over in the three year previous to the case at hand. We then test the impact of these experience measures on the efficiency with which a case is terminated, measured in terms of duration of the case, and the accuracy of the judge's decisions, measured by the reversal rate on appeal. With respect to efficiency, we find that both general and specialized patent experience shorten case duration, but only by a moderate amont. However, there is some weak evidence that patent cases handled by judges with more time on the bench may be more likely to result in settlements. Thus, it is possible that the impact of general judicial experience on case duration could be due to the ability of experienced judges to facilitate settlements rather than adjudicating to a ruling on the merits (summary judgment or through to trial). There is, however, no greater propensity to settle in the case of judges with more patent-specific judicial experience. With respect to accuracy, we find that patent-specific judicial experience may increase the probability that a district court judge's rulings are fully affirmed by the Federal Circuit (CAFC) and reduce the probability that they will be at least partially reversed by the CAFC. However, general judicial experience has no statistically significant impact on the reversal rate on appeal in patent cases. When the impact of specialized patent experience is tested for individual legal issues, we find that increased patent-specific experience may lower the reversal rate on appeal for rulings on preliminary injunctions, judgments as a matter of law, and infringement that involves issues other than claim construction. With respect to the issue of claim construction, our findings are consistent with other work demonstrating that experience with patent cases per se has no impact on the reversal rate of district court claim construction rulings. Our results establish a real but moderate case for the development of patent-specific, judicial human capital at the district court level through the establishment of a specialized patent trial court.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property Publisher : ISBN 13 : Total Pages :42 pages Book Rating :4.F/5 ( download)
Book Synopsis Patent Quality Improvement by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Download or read book Patent Quality Improvement written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2003 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court on Patent Law by : Michael L. Kiklis
Download or read book The Supreme Court on Patent Law written by Michael L. Kiklis and published by Aspen Publishers Online. This book was released on 2014-04-02 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court on Patent Law is a digest of U.S. Supreme Court decisions in the field of patent law. The author catalogs the Supreme Courtand’s involvement in shaping patent law, from its first cases to the most recent cases, shedding important light on the evolving course of this rapidly-changing practice area. Specifically, this book examines the Courtand’s treatment of patentable subject matter, including a case-by-case analysis in reverse chronological order and by specific topic that describes each case in a short, multi-paragraph format accompanied by key facts, key holdings and select quotations. Additionally, the author considers the Courtand’s treatment of relevant subjects in patent law: claim construction, statutory requirements, prior art defenses, equitable defenses, damages, willful infringement, declaratory judgment jurisdiction and injunctions. The principal areas of the work are the Supreme Courtand’s treatment of: Patent law Patentable subject matter Claim construction Statutory requirements Prior art defenses Equitable defenses Damages Willful infringement Declaratory judgment jurisdiction Injunctions and other remedial matters. This new title provides powerful quotations and an analytical roadmap that practitioners can use in their briefs, in arguments, and in formulating litigation strategy at each stage of the federal court system. RECENT REVIEWS: andquot;In this well organized, readily accessible and highly readable treatise, Michael Kiklis analyzes the serial interventions by the Supreme Court that keep altering the purely statutory patent law as interpreted by the Federal Circuit and understood by patent practitioners. Because these alterations are continuing and even accelerating, practitioners need to anticipate where the Court is headed next if they are to serve their clients well. By stressing trends and explaining dicta for what it may portend, Kiklis provides an invaluable chart for navigating shifting seas.andquot; and– Paul Michel, former Chief Judge, United States Court of Appeals for the Federal Circuit and“In this one volume, Michael Kiklis has filled in a critical gap in our understanding of modern American patent law. Every person interested in the field must study the current Supreme Courtand’s take on patents, and there is no better source than this treatise.andquot; and– Tom Goldstein, Publisher, Scotusblog.com and“The Supreme Court on Patent Law is a tremendous resource for all patent practitioners, but is a must have for all executive level in-house patent counsel. In his treatise, Mike provides a detailed road map that will enable in-house counsel to make better strategic decisions quickly. In a time when more is asked of fewer in less time, this will be the single best go to resource for all things past, current and future in the world of patent law. While we will never know exactly where the Supreme Court will land on a given patent law issue, Mikeand’s road map provides GPS level clarity on the likely destination.and” and– Dave Berdan, Vice President, Intellectual Property, International Game Technology and“The Supreme Court on Patent Law is a great resource for the expert and the novice alike. It offers a straightforward, at-a-glance gateway into every key aspect of patent law, via the most authoritative source available: summaries of and key quotes from all relevant Supreme Court decisions.and” and– Lisa A. Dolak, Professor of Law, Syracuse University College of Law and“The Supreme Court on Patent Law is a must read for every patent practitioner. The Supreme Court is the most important voice on patents and this tre
Book Synopsis An International Guide to Patent Case Management for Judges by : World Intellectual Property Organization
Download or read book An International Guide to Patent Case Management for Judges written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-04-19 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en
Book Synopsis The Patent Trial Advocacy Casebook by : Joseph M. Potenza
Download or read book The Patent Trial Advocacy Casebook written by Joseph M. Potenza and published by . This book was released on 2016-02-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The course is based upon a hypothetical patent infringement controversy that has reached the trial stage" -- Introduction.
Book Synopsis How are Patent Cases Resolved? An Empirical Examination of the Adjudication and Settlement of Patent Disputes by : Jay P. Kesan
Download or read book How are Patent Cases Resolved? An Empirical Examination of the Adjudication and Settlement of Patent Disputes written by Jay P. Kesan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, we attempt to answer some fundamental questions regarding the role played by the courts in the patent system by examining a set of patent cases in great detail. To this end, we have constructed a new database based on court docket reports for all patent cases filed in 1995 and 1997 and tracked the evolution of these cases (about 3700 cases) through to settlement or adjudication on the merits. The focus of this effort is on keeping track of a number of variables to understand the precise disposition of each case. We have also tracked different characteristics in order to estimate patent litigation costs in each case. For instance, we note the amount of time taken by each case through to final disposition. In addition, we have devised a new proxy for measuring costs - the number of documents filed by all the parties in each case - which we believe is more closely correlated with actual litigation costs than the traditional measures of time expended and the stage of termination in each case. Our results show that many more patent cases are adjudicated on the merits (either at the pre-trial stage through a grant of summary judgment or at trial) than is commonly thought. This work is one of the few scholarly efforts in empirical litigation scholarship that can actually estimate this amount because most other papers rely exclusively on the imprecise categorization of the Administrative Office of U.S. Courts to determine case outcomes. Our results demonstrate that in addition to the small number of patent cases going to trial (about 5%), another significant percentage of cases (about 8-9%) are resolved on the merits through summary judgment. Consequently, summary judgments are important in patent cases for determining patent validity and infringement, and the summary judgments related to patent validity occur earlier in the litigation compared to summary judgments related to patent infringement. This result is somewhat encouraging given the important role played by the courts in revoking patent rights improvidently granted at the outset by the PTO. Nevertheless, despite the fact that such rulings occur early in the proceedings compared to patent trials, we should still be concerned about the huge transaction costs associated with patent litigation because summary judgments in general, and summary judgment based on invalidity in particular, are expensive compared to summary judgments granted on other grounds. In addition, there is a significant difference in duration and number of documents filed in cases resolved through summary judgment for the 1997 filed cases compared to the 1995 filed cases. This is consistent with the changes brought about by the Markman decision that invigorated claim construction as a threshold legal issue in patent litigation. The increased importance placed on first construing the claims before addressing infringement or invalidity after Markman necessitates that significant resources be allotted to the step of claim construction before (or concurrent with) filing motions for summary judgment. Overall, our results show that transaction costs associated with patent litigation loom large, and rulings on the merits by the courts concerning patent validity, patent infringement, and remedies for infringement (i.e., injunctive relief or damages) are rare, expensive, and not pursued to completion by most litigants. Instead, most patent cases settle fairly quickly (about 12-15 months) after the filing of the complaint, thereby reducing the actual cost of patent litigation considerably. This work has significant implications for all civil litigation in general, and for recent efforts to reform the patent system by either improving patent quality through new administrative procedures at the PTO or for substantive patent law reform. Our results strongly suggest that patent litigation is largely a settlement mechanism, and hence, any proposed change in the patent laws should be analyzed in terms of the incentives generated for prompt settlement of patent disputes. In addition, entities and interest groups seeking cheaper and/or a greater number of patent rulings concerning validity and infringement will be wise to look elsewhere, perhaps at other patent institutions such as the PTO or at other alternative dispute resolution (ADR) mechanisms that complement the courts.
Book Synopsis Review of Zeitlin, Solomon, 1892- The Rise and Fall of the Judean State by : Samuel Sandmel
Download or read book Review of Zeitlin, Solomon, 1892- The Rise and Fall of the Judean State written by Samuel Sandmel and published by . This book was released on 1967 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Anatomy of a Patent Case by : Harry J. Roper
Download or read book Anatomy of a Patent Case written by Harry J. Roper and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Patent litigation has assumed a pivotal role in today's global economy. In response to the increased prominence of patents, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) has authored a manual that provides a balanced view of the issues in each phase of a patent case for judges and lawyers. [This book]...covers all steps required to bring a patent case to trial, and the key elements that make such litigation unique. [This edition] specifically addresses the complex technical, procedural, and legal issues inherent in a patent lawsuit that are not usually found in other types of civil litigation. It is limited to the unique characteristics of patent litigation and has been added to the Federal Judicial Center's resource library for district court judges and their law clerks. The handbook provides concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and judges. The new third edition includes: a brand-new chapter 15, patent office inter partes review (IPR) and other AIA trial proceedings...addressing key features of PTAB trials and the impact of PTAB trials on patent litigation in federal courts; the impact of changes in the law resulting from numerous decisions from the Supreme Court, as well as the Federal Circuit Court of Appeals, including, what subject matter is eligible for patent protection, how the all-important claim construction determination is to be made and when attorneys fees should be granted; amendments to the Federal Rules of Civil Procedure that alter pleading requirements; and much more."--
Book Synopsis Reining In a 'Renegade' Court by : Jonas Anderson
Download or read book Reining In a 'Renegade' Court written by Jonas Anderson and published by . This book was released on 2018 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this flow of patent cases out of the Eastern District of Texas and into the District of Delaware will benefit the patent system.As this Article demonstrates, however, there are reasons to think that this “reshuffling” may be beneficial to the patent system. The District of Delaware, unlike the Eastern District of Texas, has incentives to maintain an even-handed approach to patent law. If the district came to be seen as overly patentee-friendly, the state would risk innovative companies choosing to incorporate elsewhere. Ultimately, the District of Delaware is much less likely than the Eastern District of Texas to create plaintiff-friendly procedural rules and administrative practices.TC Heartland also speaks to the Supreme Court's recent interest in patent cases. TC Heartland continued the recent trend of the Supreme Court granting certiorari in patent cases that concern issues of patent adjudication while avoiding tricky questions of core patent doctrine. This pattern likely points to a Supreme Court that is concerned about the patent system, yet is acutely aware of its own relative lack of expertise concerning patent doctrine. Thus, it may be said that in patent law, the Supreme Court acts as a “release valve,” changing patent law only when the Federal Circuit and Congress are incapable of changing the law.
Book Synopsis Informal Deference by : Jonas Anderson
Download or read book Informal Deference written by Jonas Anderson and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court's Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit's adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced an unusually high reversal rate, distorting the evidentiary foundation of claim construction determinations, delaying settlement of patent cases, running up litigation costs, and turning appellate review of nearly every patent case into re-litigation of patent claim terms. In 2004, the Federal Circuit undertook to reassess this regime in the Phillips case. The majority en banc opinion largely stayed the course. Indeed, the empirical studies to have emerged since Phillips suggest that not much has changed, finding that the reversal rate remained high and that the Federal Circuit's analytical framework remained largely unchanged. This article presents the results of a comprehensive empirical analysis of the Federal Circuit's claim construction jurisprudence from 2000 through 2011. In contrast to prior analyses, we find that the claim construction reversal rate has dropped precipitously since the Phillips decision from 37.6% to 23.8% on a per claim term basis. Reversal rates have fallen for all members of the Federal Circuit and across all technology fields except business methods. During 2011, the average reversal rate dipped to 17%. This does not mean, however, that the problems of de novo review have been adequately resolved. So long as the Federal Circuit clings to the view that claim construction is a question of law subject to de novo review, district courts will downplay their resort to experts and fact-finding in managing claim construction. This will undermine the quality of adjudication and appellate review by failing to elicit relevant evidence and perpetuating opaque analysis and reasoning. We propose a "mongrel" standard of appellate review of claim construction decisions that better reflects the comparative strengths of trial judges in determining how skilled artisans understand patent claim terms. Formal recognition of this more deferential standard promises to improve the quality of claim construction at the trial court level while improving transparency and encouraging earlier settlement of patent disputes.
Book Synopsis Patent Remedies and Complex Products by : C. Bradford Biddle
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Book Synopsis Patents in the Knowledge-Based Economy by : National Research Council
Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Book Synopsis A Patent System for the 21st Century by : National Research Council
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
