10.06.11 | Bradley C. Wright serves as Editor-in-Chief of the 2010 Supplement to Drafting Patents for Litigation and Licensing

Drafting Patents for Litigation and Licensing is the first book to help patent practitioners draft the broadest and strongest possible patent that can sustain a validity challenge by synthesizing and applying lessons from the case law.

The 2010 Cumulative Supplement to Drafting Patents for Litigation and Licensing provides analysis of the latest cases, including:

  • Prometheus Laboratories, Inc. v. Mayo Collaborative Services, applying the Federal Circuit’s “machine-or-transformation” test to medical treatment claims
  • Abbott Laboratories v. Sandoz, Inc., clarifying conflicting precedent and holding that product-by-process claims are not infringed unless the accused product was actually. produced by the recited process
  • The Forest Group, Inc. v. Bon Tool Co., imposing liability for mismarking patent numbers on every article sold by the patent owner
  • Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., overruling earlier precedent and holding that exporting a component overseas that is used to perform a U.S.-patented method does not give rise to infringement under 35 U.S.C. §271(f)

The 2010 Cumulative Supplement also covers new topics such as software module claims for computer-related inventions, prior art considerations for drafting design patent claims, and drafting claims of different scope in electrical cases. Updated information includes obviousness issues in mechanical patent applications after KSR; reliance on drawing figures in mechanical applications; the USPTO’s application of the “machine-or-transformation” test after Bilski; and the use of product-by-process claims in chemical and pharmaceutical patents.

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