2018
Evidence in Patent Cases
By Mark J. Feldstein, Ph.D.; Shana K. Cyr, Ph.D.; Kelly S. Horn
Success in patent litigation often turns on the ability or inability to admit or exclude evidence. Evidence in Patent Cases explains the use of evidence as it relates specifically to the issues encountered in patent litigation from case initiation through appeal. The authors, a team of experienced patent litigators, share insight, analysis, practice notes, and case citations, making this book very handy for litigators looking to object or overcome an objection with solid case law at their fingertips.
The book’s unique format is divided into two distinct parts. Part I provides case strategy and analysis in patent cases viewed through the lens of the evidence required to achieve the patent litigator’s objective during each stage of litigation and appeal, giving the reader a comprehensive understanding of evidentiary issues as they arise in patent litigation.
Part II provides the full text of each Federal Rule of Evidence, formatted for quick and easy location and reading, and the authors analyze each rule in the context of patent litigation, offers explanatory commentary, practice tips, and a collection of annotated case digests showing application of the rules to the facts of the patent case to give patent litigators a quick and easy reference to quickly find support for evidentiary positions during the heat of pre-trial, trial, and/or hearings involving the introduction of evidence.
Finnegan attorneys authored the "Evidence Issues in AIA Trials" and "Opinions and Expert Testimony" chapters of the book.
Evidence in Patent Cases is available for purchase through Bloomberg BNA.
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Finnegan is deeply saddened by the death of our colleague Donald R. Dunner, who passed away on October 16, 2019, after a life of dedication and inspiration to many in IP law. Don was in a category all his own with his talent and distinct knowledge of IP law. His direct approach and enthusiasm for work and life touched everyone who worked with him, and we will miss him dearly.