Modern Patent Litigation

To access the book's 2010 Statutory Supplement, click here. To access the book's 2011 case update, click here.

Modern Patent Litigation was the first casebook to deal exclusively with the substantive issues that arise in patent litigation. Now, the original edition has been extensively updated to account for the very important case law developments over the last six years in patent litigation. Included are new cases on patent claim interpretation, the patent-antitrust interface, summary judgment standards, attorney-client privilege, and measures of damages. New notes have also been added to reflect newly emerging issues in the field, such as the revised thinking on convoyed sales as a damages element and the meaning of "acting in concert" with regard to injunctions.

Designed for use in an advanced course on patent law, this book is written for students who have already completed a course in basic patent law. Janicke concentrates on patent claims as determinants of coverage and lays out the subject in terms of the power of patent litigation. A chapter on remedies of the accused infringer deals primarily with declaratory relief, attorneys' fees, and indemnity. Other chapters include jurisdictional and venue issues in patent cases, the various kinds of estoppels that may be operative, details of affirmative defenses, and the impact of a particular judgment on later proceedings involving the same patent.