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About Intellectual Property Law and Litigation
This irreverent but amusing and informative book is a combination of actual courtroom experiences as well as discussion of intellectual property law and litigation principles. The book is written for intellectual property practitioners, including prosecutors and litigators, and also in-house corporate counsel and people in business who may not actually practice intellectual property litigation but who employ intellectual property litigators. In short, anyone who needs to be conversant with the fundamental principles and language of intellectual property law will benefit from--and enjoy--this book.
The author, Edward F. O'Connor, has written two prior ABA best-sellers, including Intellectual Property Law and Litigation. Because intellectual property law is so detailed, and there are so many aspects to intellectual property law in general, this book seeks to provide a fundamental overview of the kinds of issues and problems that people encounter regarding intellectual property in the real world of business and litigation.
This book discusses the principles of law in the context of cases that O'Connor has actually tried or in which he has been involved--providing a real-world framework to make the principles easier to understand and remember. The book also contains O'Connor's personal views on cases and the law.
Included in the book is:
Section 1: Antitrust and Other Anticompetitive Litigation Antitrust Law, Antitrust Law and Litigation; What Happened to Independent Ink on Appeal to the CAFC?; The Next Chapter In the Independent Ink Saga--The War Between the States; Where Does Antitrust Tying Stand Today, Patent and Copyright Misuse, Tortious Interference, Trade Libel, and much, much more.
Section 2: Patents Patents; Discovery; Attorney-Client Privilege; Notes and Record; Court Versus Jury; Expert Witness; Infringement; Doctrine of Equivalents; Claim Interpretation; Prior Public Use; Reexamination; Inequitable Conduct; Continuations, Divisions, and Continuations-in-Part; What Can I Get (or Lose) in a Patent Case; Reasonable Royalties in Litigation; Treble Damages and Attorney's Fees; Statute of Limitations; Patent Infringement, Tortious Interference, Unfair Competition, Injunctions and much, much more.
Section 3: Trademarks Trademarks, Service Marks, and Unfair Competition; Trademark Infringement; Trademark Infringement Damages; Trade Dress Infringement; Regional Trademarks and Common Law Trademarks; Unfair Competition; and much more.
Section 4: Copyrights Copyrights; Other Things You Need to Know About Copyrights; Potential Pitfalls; Cybersquatting and more.
Section 5: International Trade Commission The International Trade Commission; Enforcement Proceedings; How Do You Defend an Enforcement Proceeding and much more.
Section 6: Miscellaneous The Digital Millennium Copyright Act ; License Agreements Regarding Standing to Sue; The Biggest Loopholes in Intellectual Property Litigation; Design Patents, Copyrights, and Trademarks; Caveat; Insurance; Rule 11 Sanctions; The Gag Factor: Costs, Expenses, and Attorney's Fees; The State of Our Judiciary; Checklist of Causes of Action and much more.
