By Joel Davidow
This publication is designed to function the 1st finished assessment of behavior defenses and counterclaims, with a spotlight on present case legislation and litigation innovations. the 1st component to the booklet addresses claims regarding misuse of the patenting technique, with a spotlight on patents on a product or method the patentee didn't invent as claimed and inequitable behavior claims, together with intentional failure to quote fabric references and fake or deceptive declarations. From the following the publication turns to claims in accordance with the misuse of the litigation technique, together with baseless and bad-purpose fits. The 3rd and ultimate part of the e-book describes claims in response to the misuse of the aggressive (antitrust) and licensing tactics. every one part of the ebook is split into sections dedicated to legislation and technique, with useful counsel on the topic of dealing with record calls for and different discovery requests, professional testimony and waiver concerns. This publication is designed to supply patent litigators with a double arsenal of unparalleled case-law research and litigation process concerning the "wild playing cards" of infringement instances: affirmative defenses and counterclaims in keeping with assertions of patent-holder misconduct. Such claims can comprise: inequitable behavior, together with intentional failure to quote fabric references and fake or deceptive declarations, misuse of the litigation procedure, together with baseless and bad-purpose fits, claims that an opposing celebration knew or must have identified that the patent was once invalid or no longer infringed, antitrust legislations violations, tortuous interference, defamation, RICO allegations moreover, each one bankruptcy of the e-book has a piece dedicated to litigation approach concerning a specific declare, with functional tips on a number of matters together with: record calls for and get together depositions used to teach that putative inventor had entry to another's comparable invention, deposition strategies to set up what the inventor
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