Intellectual Property

Evidence in Patent Cases (AIPLA Treatise)

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Evidence in Patent Cases includes patent evidence from filing to appeal in one handy comprehensive resource by some of the top patent litigators in the U.S.


American Intellectual Property Law Association (AIPLA)

Kenneth L. Dorsney

Kenneth L. Dorsney is a partner and Chair of the Intellectual Property Practice in the Wilmington, Delaware office of Morris James LLP.  He is a registered United States patent attorney and former judicial clerk to the Honorable Chief Magistrate Judge Mary Pat Thynge, U. S. District Court for the District of Delaware, and to the Honorable District Court Judge Kent A. Jordan, U. S. District Court for the District of Delaware (now on the U. S. Court of Appeals for the Third Circuit). He is Editor-in-Chief of the AIPLA/Bloomberg Law treatise Evidence in Patent Cases.


Success in patent litigation often turns on the ability or inability to admit or exclude evidence. This comprehensive resource provides (1) case strategy and analysis in patent cases to help the patent litigator with evidentiary issues during each stage of litigation and appeal, and (2) the full text of each Federal Rule of Evidence, with explanatory commentary, practice tips, and a collection of annotated case digests showing application of the rules to the facts of the patent case.

Summary of Contents

Chapter 1. Introduction

Part I: Evidentiary Issues in Patent Litigation

Chapter 2. Preliminary Evidentiary Issues

Chapter 3. Evidentiary Issues in Preliminary and Permanent Injunction Hearings

Chapter 4. Evidentiary Issues During Discovery

Chapter 5. Specific Types of Patent Evidence

Chapter 6. Pre-Trial Issues: Claim Construction and Summary Judgment

Chapter 7. Trial

Chapter 8. Evidentiary Issues in Claims of Willful Infringement

Chapter 9. Evidence Issues Regarding Inequitable Conduct

Chapter 10. Evidence Issues in AIA Trials

Chapter 11. Evidence Issues in Investigations at the U.S. ITC

Chapter 12. Hatch-Waxman Cases

Chapter 13. Evidentiary Issues in the Federal Circuit Court of Appeals—Preservation and Avoiding Waiver

Part II: Federal Rules of Evidence in Patent Litigation

Chapter 14. General Provisions

Chapter 15. Judicial Notice

Chapter 16. Presumptions in Civil Actions and Procedures

Chapter 17. Relevancy and Its Limits

Chapter 18. Privileges

Chapter 19. Witnesses

Chapter 20. Opinions and Expert Testimony

Chapter 21. Hearsay

Chapter 22. Authentication and Identification

Chapter 23. Contents of Writings, Recordings, and Photographs

Chapter 24. Miscellaneous Rules

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