Intellectual property law and litigation : practical and irreverent insights / Edward F. O'Connor.
2009
KF2980 .O36 2009 (Mapit)
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Author
Title
Intellectual property law and litigation : practical and irreverent insights / Edward F. O'Connor.
Imprint
Chicago, Ill. : Tort Trial and Insurance Practice Section, American Bar Association, [2009]
Copyright
©2009
Description
xxi, 311 pages : illustrations ; 26 cm
Formatted Contents Note
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
Enter the academics
So, where does antitrust tying stand today?
Patent and copyright misuse, tortious interference, trade libel, and other interesting stuff
Patents
Discovery
Attorney-client privilege
Notes and records
Court versus jury : who decides what
Do I really want to try this case to a judge?
Expert witnesses
Patent prosecutors as witnesses
Infringement
Doctrine of equivalents
Claim interpretation
File wrapper estoppel
Reissues
Anticipation and litigation
Prior public use
Reexamination
Inequitable conduct
Continuations, divisions, and continuations-in-part
How continuation practice (like everything else) can be confusing to a judge
What can I get (or lose) in a patent case?
How do we determine a reasonable royalty in litigation?
What about my treble damages and attorney's fees and how important is a noninfringement opinion?
Forget about everything you think you know about the statute of limitations
Patent infringement, tortious interference, unfair competition, declaratory judgment-and don't forget venue
Injunctions
Trademarks, service marks, and unfair competition
Trademarks-use them or lose them
Trademark infringement.
Trademark infringement damages
Trade dress infringement
Regional trademarks and common law trademarks
Unfair competition
Courtesy, courtesy, courtesy
Copyrights
Other things you need to know about copyrights
Potential pitfalls from those pesky presumptions
Cybersquatting
Can the late Sonny Bono save Mickey Mouse?
What's going on in the International Trade Commission and what does Jazz Photo Corp. v. United States, 439 F.3d 1344 (Fed. Cir. 2006) have against repair/reconstruction?
Enforcement proceedings
How do you defend an enforcement proceeding?
The Inkjet aftermarket : what it means to repair/reconstruction-and what does this have to do with the Digital Millennium Copyright Act?
License agreements regarding standing to sue
What are the biggest evidentiary loopholes in intellectual property litigation?
Design patents, copyrights, and trademarks
Caveat
Insurance
Screw your courage to the sticking point-advice I have received over the years
Why do you need to be a bankruptcy lawyer?
Rule 11 sanctions-pre-filing investigations mean just that : pre-filing
You better believe it-how I learned by being burned
The gag factor : costs, expenses, and attorney's fees
The state of our judiciary
Checklist of causes of action
The final chapter.
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
Enter the academics
So, where does antitrust tying stand today?
Patent and copyright misuse, tortious interference, trade libel, and other interesting stuff
Patents
Discovery
Attorney-client privilege
Notes and records
Court versus jury : who decides what
Do I really want to try this case to a judge?
Expert witnesses
Patent prosecutors as witnesses
Infringement
Doctrine of equivalents
Claim interpretation
File wrapper estoppel
Reissues
Anticipation and litigation
Prior public use
Reexamination
Inequitable conduct
Continuations, divisions, and continuations-in-part
How continuation practice (like everything else) can be confusing to a judge
What can I get (or lose) in a patent case?
How do we determine a reasonable royalty in litigation?
What about my treble damages and attorney's fees and how important is a noninfringement opinion?
Forget about everything you think you know about the statute of limitations
Patent infringement, tortious interference, unfair competition, declaratory judgment-and don't forget venue
Injunctions
Trademarks, service marks, and unfair competition
Trademarks-use them or lose them
Trademark infringement.
Trademark infringement damages
Trade dress infringement
Regional trademarks and common law trademarks
Unfair competition
Courtesy, courtesy, courtesy
Copyrights
Other things you need to know about copyrights
Potential pitfalls from those pesky presumptions
Cybersquatting
Can the late Sonny Bono save Mickey Mouse?
What's going on in the International Trade Commission and what does Jazz Photo Corp. v. United States, 439 F.3d 1344 (Fed. Cir. 2006) have against repair/reconstruction?
Enforcement proceedings
How do you defend an enforcement proceeding?
The Inkjet aftermarket : what it means to repair/reconstruction-and what does this have to do with the Digital Millennium Copyright Act?
License agreements regarding standing to sue
What are the biggest evidentiary loopholes in intellectual property litigation?
Design patents, copyrights, and trademarks
Caveat
Insurance
Screw your courage to the sticking point-advice I have received over the years
Why do you need to be a bankruptcy lawyer?
Rule 11 sanctions-pre-filing investigations mean just that : pre-filing
You better believe it-how I learned by being burned
The gag factor : costs, expenses, and attorney's fees
The state of our judiciary
Checklist of causes of action
The final chapter.
Bibliography, etc. Note
Includes bibliographical references (page xii-xiii) and index.
Location
STA
Call Number
KF2980 .O36 2009
Language
English
ISBN
9781604425277 paperback
160442527X paperback
160442527X paperback
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