Federal Judiciary Center Releases Third Edition of Patent Case Management Judicial Guide

05/13/2016

Marc David Peters, Colette Reiner Mayer, Michael R. Ward, Anita Choi, Nicholas Ethan Ham, and Alessa Yin-Chen Hwang

Patent Trial and Appeal Board (PTAB) Litigation, Patent Counseling + Prosecution, and Patent Litigation

In The News

The Federal Judiciary Center (the educational arm of the Judicial Branch) will release the third version of the Patent Case Management Judicial Guide in print this summer, but the electronic version is already available online. The Guide is distributed by the FJC to every federal judge and provides a comprehensive reference to inform judges about the many issues particular to patent cases. The feedback we have received from federal judges around the country has been uniformly positive and many have expressed gratitude to MoFo for our long-standing commitment to the project. Of the firms involved with the Guide, MoFo is the largest contributor, and has been involved with the Guide since its inception.

Significant updates in the third version address the implementation of the America Invents Act, the emergence of review proceedings at the Patent Trial and Appeal Board, the intent requirement for induced infringement liability, the Federal Circuit’s damages jurisprudence, and the Supreme Court’s other recent patent decisions. The publication also includes updated case management checklists, model case management orders, and other materials developed by district judges and advisory bodies for streamlining patent case management. Finally, this edition adds a chapter on patent litigation at the Court of Federal Claims.

Palo Alto partners Marc Peters and Colette Reiner Mayer are both authors of the Guide. The MoFo team that has worked on the Guide is large and includes: Mike Ward and Anita Choi, who authored the plant patent chapter, Nicholas Ham and Alessa Hwang, who both provided invaluable research and editing assistance for the Guide, and many firm alums.

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