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Patent opinions and evaluations are used in virtually all endeavors involving United States patents, including litigation, prosecution, licensing, product design, product launch, evaluation for acquisition or disposition of intellectual property, bankruptcy, and U.S. securities issues.
In U.S. Patent Opinions and Evaluations, David L. Fox provides expert, up-to-date, practical advice and guidance on the four principle issues of patent opinions and evaluations: claim construction and claim scope, infringement, validity, and enforceability. The second edition of this comprehensive book features a first-of-its-kind discussion of opinions of non-willful infringement based on the Seagate two-prong test for objective willfulness, including an analysis of the test and the Federal Circuit decisions that have applied it. The case law, including Bilski, and developments in indirect and joint infringement, has been completely updated, along with effects on willfulness.This new edition of U.S. Patent Opinions and Evaluations has also been restructured for easier use by attorneys preparing opinions and those relying on these opinions. David L. Fox masterfully addresses the needs of the practicing attorney preparing a patent opinion, combining discussions and the framework of the current law with specific practice tips.
He also provides clear, straight-forward guidance for non-patent professionals on the principles of U.S. patent law and the fundamentals of U.S. patent opinions and evaluations, allowing them to better understand and rely on them. U.S. Patent Opinions and Evaluations covers everything from general issues--including overviews of opinions, rules for preparing competent opinions, and waiver to nuts-and-bolts issues such as claim construction and claim scope, infringement, validity, and enforceability.
The "Practice Tips" and the appendices provide further practical guidance by setting forth exemplary outlines of opinions and evaluations. A subject index enables quick and easy use of the book as a reference for specific topics.