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IP Litigators Homan and Lydigsen Update Industry Benchmark Patent Law Reference
Published By Patents and the Federal Circuit November 13, 2017

CHICAGO—Brinks Gilson & Lione shareholders and intellectual property litigators Cynthia A. Homan and Laura A. Lydigsen have updated their industry standard reference guide, Patents and the Federal Circuit, a comprehensive commentary on the state of patent law, the 13th edition of which was recently released by publisher Bloomberg BNA.

Homan and Lydigsen annually update the guide, which places high-profile and less celebrated federal patent law decisions into an analytical framework demonstrating their relevance and impact. The co-authors detail the ever-changing issues and developments in substantive patent law, infringement litigation, and procedure, and distill the opinions issued by the US Court of Appeals for the Federal Circuit—the primary source of governing law on patents—providing convenient, one-source access to controlling case law.

In the newly released edition of their treatise, Homan and Lydigsen discuss recent landmark US Supreme Court and Federal Circuit decisions and their implications for patent law practitioners. They review the doctrine of equivalents and substantial equivalence injury, the relationship between vitiation and the all-elements rule, post-Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. rebuttals to prosecution history estoppel, and procedural considerations related to the doctrine of equivalents.

This latest edition of Patents and the Federal Circuit also discusses several decisions on patentability since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank, and examines multiple cases related to claim construction post-Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. and to enhanced damages post-Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.

Brinks shareholder Cynthia Homan has briefed more than 70 intellectual property appeals and consulted on many others. Her experience extends from federal district and circuit courts to the Supreme Court, where she has briefed cases at both the petition and merits stages. Homan founded Brinks’ appellate practice group and served for eight years as its chair.

Brinks shareholder Laura Lydigsen’s practice includes intellectual property litigation at both the district court and appellate levels, with a focus on pharmaceutical, biotechnology, and medical device innovations. She has written briefs in dozens of Federal Circuit cases, including complex multi-patent appeals stemming from post-grant decisions of the US Patent and Trademark Office’s Patent Trial and Appeal Board. Lydigsen is the chair of Brinks’ appellate practice group.

Patents and the Federal Circuit was originally written by the late Robert L. Harmon, a patent litigator at Brinks Gilson & Lione for 33 years.

More information is at http://www.bna.com/bnabooks/pfc.

Brinks Gilson & Lione

Celebrating its centennial year in 2017, Brinks Gilson & Lione is one of the largest intellectual property law firms in the US, and helps clients around the world to protect and enforce their intellectual property rights. Brinks Gilson & Lione’s more than 140 lawyers, patent agents and scientific advisors assist clients in all aspects of patent, trademark, unfair competition, trade secret, and copyright law. Brinks attorneys provide informed counsel with respect to innovations in a range of complex and valuable technologies, including pharmaceuticals, chemicals, bioengineering, industrial manufacturing, electronics and software, and medical devices. More information is at www.brinksgilson.com.

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