BNA Books Announces the Publication of the 2011 Supplement to "Patent Litigation Strategies Handbook, Third Edition"

ARLINGTON, Va., Dec. 12, 2011 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, today announces the publication of the 2011 Supplement to Patent Litigation Strategies Handbook, Third Edition, offering procedural developments and pronouncements on claim construction and discussion of new topics in this field of law. The treatise is one of the many ABA/BNA publications available from BNA Books.

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Patent Litigation Strategies Handbook, Third Edition gives you both the "how-to" and the "why-to" of patent litigation, with specific, proven tactics for protecting your clients' interests. Expert litigators provide practical, winning answers to questions such as Why sue in the first place?; Should you consider ADR instead?; What are your burdens of proof?; What types of damages should you seek?; and more. Get discussions and analysis of and strategic reasoning behind every phase of patent infringement litigation, from initial client counseling through the filing of the Notice of Appeal. The treatise provides updates on the most recent trends in patent litigation and winning strategies from some of the country's leading attorneys, from both a patent owner's and a challenger's perspective. It also includes:

• An insightful chapter on the judge's viewpoint—a key element in any patent case strategy—from Chief Judge James F. Holderman, United States District Court, Northern District of Illinois—the jurist also dispenses common sense advice and practical tips for litigators
• A chapter thoroughly examining the importance of a strong joint-defense agreement and the ethical, fiduciary, and privilege pitfalls that may arise
• A settlement chapter discussing the long life and broad reach of a patent infringement settlement, which often includes a prospective license between plaintiff and defendant
• Coverage of the latest, most influential cases in patent law, including Warner-Lambert Co. v. Apotex Corp.; Takeda Chemical Industries, Ltd. v. Watson Pharmaceuticals, Inc.; Micro Chem. Inc. v. Lextron Inc.; and Pension Committee, where Judge Scheindlin provides a detailed analysis concerning litigation holds and spoliation of evidence

The new 2011 Supplement addresses recent developments and important topics including:

• The Federal Circuit's handling of damages, which were handed down in several opinions, including Reqsnet.com Inc. v. Lansa, Inc., which required patent owners to be more detailed and rigorous in their presentation of damages evidence, and resulting legislation (H.R. 1249, the America Invents Act, and S.23, the Patent Reform Act of 2011) that did not impose any additional obligations on the court with respect to damages
• Global-Tech Appliances, Inc. v. SEB S.A., in which the Supreme Court more clearly defined the law of induced infringement
• The standard for proving prosecution latches, which was further clarified in Cancer Research Tech. Ltd. v. Barr Labs., Inc., in which the Federal Circuit ruled that the moving party must present evidence of intervening rights to establish that the patentee engaged in an unreasonable and unexplained delay in prosecution
• The unique issues related to biotechnology patent litigation
• The 2010 amendments to Rule 26(b)(4) effective December 1, 2010, dealing with the discoverability of drafts of expert reports and communications with counsel
• The 2010 decisions of circuit courts of appeal regarding discovery issues, especially issues of discovery sanctions and spoliation
• How the courts have dealt with issues of production and preservation of dynamic content that is frequently deleted, replaced, or edited such as caches, Wikis, data logs, and other intangible data, with a look at lessons learned from D.L. v. Dist. of Columbia, where a district court sanctioned the District of Columbia for failing to timely produce numerous e-mails
• Reasonable royalty in light of the Federal Circuit's 2011 decision in Uniloc USA, Inc. v. Microsoft Corp., which scrutinized the methodology used by some experts on the subject

The treatise was published in cooperation with the ABA Section of Intellectual Property Law. Section publications provide a balanced forum for the views and professional development of practitioners in intellectual property law. For more information on Section participation, please call the Section at 312.988.5598 or visit www.americanbar.org/groups/intellectual_property_law.html.

The editors-in-chief of Patent Litigation Strategies Handbook, Third Edition, 2011 Supplement are Barry L. Grossman, counsel in Foley and Lardner, LLP, Milwaukee, WI, where he represents clients in patent trials and appeals throughout the United States, and Gary M. Hoffman, a partner in Dickstein Shapiro, LLP, Washington, D.C., where he chairs the firm's intellectual property practice.

BNA, a wholly-owned subsidiary of Bloomberg L.P., is a leading source of legal, regulatory, and business information for professionals. In addition to Patent Litigation Strategies Handbook, BNA's Book Division publishes: Constructing and Deconstructing Patents; Drafting Patent License Agreements; Patent Infringement Remedies; Patent Litigation Strategies Handbook; Patent Prosecution: Law, Practice, and Procedure; Patent Law and Practice; and other titles in intellectual property law. For a free BNA Books catalog, call 1.800.960.1220, send an e-mail request to [email protected], or visit us online at www.bna.com/bnabooks.

Patent Litigation Strategies Handbook, Third Edition, 2011 Supplement may be purchased alone (Order #1988-PR11/$205.00 plus tax, shipping, and handling) or with the main volume (1,708 pp. Hardcover/Order #9988-PR11/$500.00 plus tax, shipping, and handling) from BNA Books, PO Box 7814, Edison, NJ 08818-7814. Telephone orders: 1.800.960.1220. Fax orders: 1.732.346.1624. A 10% discount is available on print copies of books when ordering from the website at www.bna.com/bnabooks. Please note that discounts cannot be combined.

SOURCE BNA Books