Intellectual property law and litigation : practical and irreverent insights / Edward F. O'Connor.

Bibliographic Details
Main Author: O'Connor, Edward F., 1944-
Language:English
Published: Chicago, Ill. : Tort Trial and Insurance Practice Section, American Bar Association, [2009], ©2009.
Subjects:
Intellectual property > United States.
Patent suits > United States.
Antitrust law > United States.
Physical Description:xxi, 311 pages : illustrations ; 26 cm
Format: Book
Contents:
  • Antitrust law
  • Antitrust law and litigation
  • What happened to independent ink on appeal to the CAFC?
  • The next chapter in the Independent Ink saga : the war between the states
  • Enter the academics
  • So, where does antitrust tying stand today?
  • Patent and copyright misuse, tortious interference, trade libel, and other interesting stuff
  • Patents
  • Discovery
  • Attorney-client privilege
  • Notes and records
  • Court versus jury : who decides what
  • Do I really want to try this case to a judge?
  • Expert witnesses
  • Patent prosecutors as witnesses
  • Infringement
  • Doctrine of equivalents
  • Claim interpretation
  • File wrapper estoppel
  • Reissues
  • Anticipation and litigation
  • Prior public use
  • Reexamination
  • Inequitable conduct
  • Continuations, divisions, and continuations-in-part
  • How continuation practice (like everything else) can be confusing to a judge
  • What can I get (or lose) in a patent case?
  • How do we determine a reasonable royalty in litigation?
  • What about my treble damages and attorney's fees and how important is a noninfringement opinion?
  • Forget about everything you think you know about the statute of limitations
  • Patent infringement, tortious interference, unfair competition, declaratory judgment-and don't forget venue
  • Injunctions
  • Trademarks, service marks, and unfair competition
  • Trademarks-use them or lose them
  • Trademark infringement.
  • Trademark infringement damages
  • Trade dress infringement
  • Regional trademarks and common law trademarks
  • Unfair competition
  • Courtesy, courtesy, courtesy
  • Copyrights
  • Other things you need to know about copyrights
  • Potential pitfalls from those pesky presumptions
  • Cybersquatting
  • Can the late Sonny Bono save Mickey Mouse?
  • What's going on in the International Trade Commission and what does Jazz Photo Corp. v. United States, 439 F.3d 1344 (Fed. Cir. 2006) have against repair/reconstruction?
  • Enforcement proceedings
  • How do you defend an enforcement proceeding?
  • The Inkjet aftermarket : what it means to repair/reconstruction-and what does this have to do with the Digital Millennium Copyright Act?
  • License agreements regarding standing to sue
  • What are the biggest evidentiary loopholes in intellectual property litigation?
  • Design patents, copyrights, and trademarks
  • Caveat
  • Insurance
  • Screw your courage to the sticking point-advice I have received over the years
  • Why do you need to be a bankruptcy lawyer?
  • Rule 11 sanctions-pre-filing investigations mean just that : pre-filing
  • You better believe it-how I learned by being burned
  • The gag factor : costs, expenses, and attorney's fees
  • The state of our judiciary
  • Checklist of causes of action
  • The final chapter.