Wednesday, August 17, 2016

Berkeley Center for Law & Technology - Patent Case Management Judicial Guide Updated

The Berkeley Center for Law & Technology (BCLT) recently published the third edition of the Patent Case Management Judicial Guide (treatise).

As stated in the abstract: "This treatise updates and expands upon the second edition of the Patent Case Management Judicial Guide (2012). Since that time, patent litigation has continued to increase in complexity. This edition encompasses implementation of the America Invents Act (“AIA”), the emergence of review proceedings at the Patent Trial and Appeal Board (“PTAB”), the Supreme Court’s many recent patent decisions (patent eligibility, claim construction, claim indefiniteness, infringement analysis (rejecting “joint infringement”), the intent requirement for induced infringement liability (rejecting a defense of good faith belief of a patent’s invalidity), and attorney fees), and the Federal Circuit’s damages jurisprudence (including damage awards for standard essential patents (SEP) licensed pursuant to fair, reasonable, and nondiscriminatory (FRAND) terms. It also includes case management checklists, model case management orders, and other materials developed by district judges and advisory bodies for streamlining patent case management. Finally, this volume adds a chapter on patent litigation at the Court of Federal Claims."

Today, BCLT emailed a notice that a hard copy of the Guide is available for purchase or can be downloaded for free: "The third edition of the Patent Case Management Judicial Guide (PCMJG3d), written by BCLT faculty director Peter Menell and a team comprised of some of the nation's leading patent litigators, is now available for purchase in hardcopy or for free electronically. The PCMJG, constructed around the stages of patent litigation, is designed for federal judges and their law clerks, but, for that very reason, is also highly valuable to litigators. The Federal Judicial Center publishes the PCMJG for judges. Patent practitioners may purchase copies though Clause 8 Publishing at very modest cost. Moreover, recipients of this email can use discount code "HM978SBZ" to obtain 15% off at the Clause 8 eStore. In addition, Clause 8 Publishing offers a 20% discount and free shipping for bulk orders (10 sets or more). Please have your law firm or in-house librarian contact Professor Peter Menell at to place a bulk order.

The PCMJG3d (all 1214 pages!) can also be downloaded for free from SSRN at this link."

No I don't work for BCLT, but this is an amazing thing in a world where nearly all things of such value have a cost.

Copyright © 2016 Robert Moll. All rights reserved.