This invaluable treatise, in 31 chapters and two volumes, breaks down strategic reasoning behind every phase of patent infringement litigation, from prelitigation issues and initial client counseling through the filing of the Notice of Appeal. The book explores the perspectives and strategies of both patent owners and patent challengers, providing updates on the most recent trends in patent litigation and winning strategies from some of the country's leading attorneys.
Reflecting on Yale Professor William Robinson's 1890 three-volume treatise on patents, a federal judge once observed that little has changed in the grand framework of patent law. However, while the view from above may seem unchanged, the ground-level realities of patent litigation have undergone profound transformation. This field has been continually reshaped by an array of forces, from sweeping Supreme Court decisions echoing through lower courts to the growing intricacies of emerging technologies such as artificial intelligence, IoT, and biopharmaceuticals. Patent litigation continues to change and evolve, spurred on by challenges presented by patentability, non-practicing entities, and influential procedures in Texas and Delaware courts. The Federal Circuit, now deeply divided, has accepted its first en banc utility patent case in six years, while Section 101 persists as a contentious and uncertain area in both case law and legislative proposals. The post-TC Heartland landscape, developments in PTAB practices, and the impact of arbitration have further redefined the litigation process. Against this backdrop, our contributors offer insights from the most respected leaders at the bar and bench, sharing expertise and perspectives on these pressing topics and more.
Atkins, William P. Atkins: -
William P. Atkins is a trial lawyer, with over 30 years of experience handling more than 250 litigations, and a partner at Pillsbury Winthrop Shaw Pittman LLP. His practice centers on intellectual property law, with a focus on trial and appellate courts as well as proceedings before the International Trade Commission and the U.S. Patent and Trademark Office, as he is a registered patent attorney. His diverse caseload has spanned from defending the accused in a murder trial to securing co-inventorship rights for both a state university professor and research assistant on multi-billion-dollar cancer drug formulation patents. Beyond his legal practice, he is an editor and contributor to this book and author of the PTAB Handbook, currently in its eighth edition. Additionally, he teaches courses at George Washington University and the University of Maryland law schools and chaired numerous committees across various bar associations, including serving as president of the Bar Association of D.C. and its foundation.
Fishman, Deborah Elizabeth: - Deborah E. Fishman is a partner and trial attorney in the IP practice of Arnold & Porter Kaye Scholer, based in Palo Alto, California. She focuses her practice on patent, intellectual property, and commercial disputes for life sciences companies. She has represented leading life sciences companies like Regeneron, Alexion, Sanofi, Bayer, and Olympus Surgical in all aspects of complex patent and commercial litigation before the USPTO, before state and federal district courts, and on appeal, including to the U.S. Supreme Court. She is regularly recognized for her accomplishments in the field and was recently named one of the "Top Intellectual Property Lawyers" in California by the Daily Journal (2022-2024). Further, Managing Intellectual Property, LMG Life Sciences, IAM Patent 1000, The Legal 500 US, and Law360 have all recognized her in current or past editions. She earned her B.S. in biological sciences and B.A. in political science from Stanford University and her J.D. from Columbia University.
