After Woolf comes Fox: a new book on patent litigation

I've just received the following information concerning a new title from publishers Sweet & Maxwell which is of obvious relevance to patent litigation in England and Wales. The author is Angela Fox, whose many qualifications and virtues are listed on her Jenkins web page here.  The book's subject matter is the functioning of an exciting experiment in civil litigation, very much in the spirit of the Woolf Reforms (here and here) of civil procedure rules.

According to the publishers:

"Intellectual Property Enterprise Court: Practice and Procedure is a unique standalone guide to practice and procedure before the Intellectual Property Enterprise Court, formerly the Patents County Court.

It provides a reference for all litigators and practitioners seeking to make the best use of the court’s unique streamlined procedures for the cost-effective resolution of intellectual property disputes involving UK or Community IP rights.

• Discusses essential topics including pre-action matters, starting proceedings, case management, applications, evidence, experiments and disclosure, trial, appeals, costs and small claims 

• Covers the jurisdiction of the Intellectual Property Enterprise Court, the types of proceedings it undertakes and representation before the court, offering practical guidance on navigating the system effectively 

• Looks at the specialist rules of procedure introduced in 2010 and since that have broadened the Court’s appeal as a forum for resolving IP disputes in a streamlined and cost-effective way 

• Also considers other dispute resolution mechanisms relevant to claims that may be brought before the IPEC, including domain names and company names, as well as ADR Includes example statements of case for a range of IP subject matter 

• Draws on a range of sources to present a complete picture, including extracts from relevant source materials, court guides and the Civil Procedure Rules".

More information about this timely book can be obtained from its website here. It costs £165, so I'll wait till I can get hold of a review copy rather than rushing out to buy it myself. Meanwhile, if anyone has any perspectives or insights into it, can they please share them with us.

Book link: better late than never

The seminar on The America Invents Act: a Guide to Patent Litigation and Patent Procedure, hosted in the London office of Pinsent Masons and announced here on PatLit last month, has now come and gone, but this weblog can report that it does at last have a link to Edward Manzo's book of the same name.

Edward explains that the book was so new that, for a short while after its publication, there was no link.  Anyway, if you missed the seminar -- or even if you didn't -- you can peruse this publication here.

Patent Ethics: Litigation

In April PatLit reported on an impending title, Patent Ethics: Litigation, by US scholar and professional discipline expert David Hricik. The book deals with conflicts of interests, malpractice, discovery issues, competence, diligence and dealing with expert witnesses, among other matters.

That book has now been published and is available from the Oxford University Press website here.

A matter of Opinion ...

U.S. Patent Opinions and Evaluations is the title of a most impressive book by David L. Fox (senior counsel, Fulbright & Jaworski), published late last year by Oxford University Press. According to the web-blurb,

"this book provides expert, up-to-date, practical advice and guidance on the four principal issues of patent evaluations and opinions, including: (1) claim construction and claim scope; (2) infringement; (3) validity; and (4) enforceability.

The book teaches how to apply these four principles to the many uses of patent opinions, including:

Evaluating and Opining on Third-Party Patents for:

--- Willful Infringement Risk Analyses
--- Invalidity and Noninfringement Investigations and Opinions for Avoidance of
Willful Infringement
--- Sarbanes-Oxley Infringement Risk Analyses and Reporting
--- Clearance (Freedom to Operate) Investigations and Opinions for New Products and Process
--- Design-Around Investigations and Determinations
--- Pre-Purchase and Pre-License Investigations of Patent Scope, Validity, and Enforceability
--- Pre-Filing Investigations for Ex Parte Reexamination and Other Post-Grant Challenges

Evaluating and Opining on One's Own Patent Rights for:

--- Pre-Filing Infringement, Validity, and Enforceability Investigations for Rule 11 Compliance
--- Evaluation of Patent Portfolio Strength and Scope
--- Pre-Filing Investigations for Reexamination and Reissue Filings
--- Pre-Sale and Pre-Licensing

Investigations of Patent Scope, Validity, and Enforceability".

Unlike many US publications which, one accepts are written specifically for the large and vibrant domestic US market, this one is so accessible to the non-US reader that one wonders if it wasn't written with the non-dom market in mind. Its charms are not confined to the regular text either: helpful Appendices give sample outlines of non-infringement and invalidity opinions, whether alone or combined with one another. Other topics covered and which the non-US reader must take care to appreciate include that graveyard of many a good intention, the waiver of attorney-client privilege.

Bibliographic details: ISBN13: 9780195367270, ISBN10: 0195367278. xliv + 1026 pages. Price:$295. Web page here.

New book on US patent appeals

Patent Appeals: the Elements of Effective Advocacy in the Federal Circuit is a neat little book by Mark Simon Davies, a counsel in O'Melveny & Myers LLP's Washington, D.C. office. According to the publisher, Oxford University Press:

"The need for a legal "Elements of Style" aimed at U.S. patent litigators has long been acknowledged by patent law attorneys and judges within the Federal Circuit. The United States Court of Appeals for the Federal Circuit has recently embarked on a campaign to improve the quality of briefing. With Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit , Mark Davies has provided attorneys with an indispensable guide to briefing and arguing cases before the Federal Circuit.

Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit is a practical guide to appellate advocacy for patent attorneys appearing before the federal appellate court responsible for patent law. The book guides readers through the organizational requirements needed for a Federal Circuit appellate brief, as set out in the Federal Rules of Appellate Procedure, with an emphasis on developing an appellate style for briefing a patent appeal. It is an essential manual of instruction for litigators and anyone interested in understanding the procedures of writing a winning appellate brief and presenting it in court. Topics include clear writing, the importance of presentation, the types of arguments most likely to succeed, and the formal requirements for filing a brief. Other issues include effective oral argument presentation and petitions for panel rehearing and rehearing en banc. Samples (all written by the author) are included".

While the text is obviously aimed at the US market, there is plenty to commend it to the non-US reader, whether as a good handle on US patent appellate proceedings or as a source of ideas that can arguably be transplanted to other, less litigious jurisdictions,

You can check out this book's details via the publisher's web page here.

Patent infringement damages book

Patent Infringement: Compensation and Damages, compiled by Bryan W. Butler, has just been published by Research & Markets. Full details of this work, which appears to focus on the subject in terms of US patent litigation, can be found on the publisher's website here.