Patent Litigation

The Brooklyn Law School Library’s latest New Book List dated January 12, 2011 includes The Patent Litigator’s Job: A Survival Guide by Jennifer L. Dzwonczyk (Call # KF3120 .D99 2010). Written as a guide for lawyers new to patent litigation, it helps with common procedural issues and teaches how to avoid frequent pitfalls of practice. The lifecycle of patent litigation is thoroughly detailed from beginning to the summary judgment stage. The book is in five main parts:

1. Introduction including organizational tips
2. Pre-litigation strategy, initial pleadings and case schedule
3. Fact discovery
4. Expert discovery and summary judgment and notes on Markman hearings
5. Reexaminations, joint defense groups, mediations and settlement

Claim construction is a critical part of costly patent litigation. The 1996 Supreme Court case Markman v. Westview Instruments held that “judges, not jurors, are better suited to find the acquired meaning of patent terms.” District Court judges now often hold Markman hearings away from the jury to determine the scope of a patent’s claims. Markman hearings play a key and crucial role in the outcome of patent litigation and also in the drafting and prosecution of patent applications. The book supplies sample form documents to aid in the patent litigation process. This guide should be used for practical advice and guidance on how to approach patent litigation at a beginner to novice level.

The BLS Library has related material in its collection including Conducting Markman Hearings in Patent Infringement Lawsuits: Leading Lawyers on Interpreting Claims, Developing Court Presentations, and Making a Strong Argument (Call # KF3155.Z9 C66 2007) with these chapters by leading practitioners: Role of patent lawyers, both generally and in the context of Markman hearings / Kurt G. Calia -- Making an impact on the entire case through effecting Markman hearings / Alexander J. Hadjis -- Impact of Markman hearings on patent litigation / Richard T. Redano -- Art of persuasion in Markman hearings / Matthew B. Lehr -- Preparing for and conducting a Markman hearing for claim interpretation in U. S. patent infringement / John R. Crossan -- Making a strong argument / Tim Headley -- Marksmanship: hitting the bull's eye in your patent case / James P. Flynn.