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Aspen Treatise for Patent Law, Sixth Edition

  • Janice M. Mueller
Series / Aspen Treatise Series
Teaching Materials

Succinct and timely, Patent Law, Sixth Edition demystifies its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own and may be used alongside any patent or IP casebook to support more in-depth study of patent law.

New to the Sixth Edition:

  • Coverage of the Supreme Court’s ongoing, intensive scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including:
    • Helsinn (definition of prior art under the AIA)
    • Cuozzo (non-reviewability of institution decisions)
    • Oil States (Constitutionality of AIA)
    • SAS Institute (rejecting partial institution)
    • Return Mail (federal government not a “person” entitled to post-grant review)
    • Dex Media (cert. granted, reviewability of Board’s time-bar decisions)
  • The burgeoning landscape of patent-eligibility jurisprudence under 35 U.S.C. §101, including Federal Circuit decisions in:
    • Vanda, Cleveland Clinic, Genetic Techs., Endo, Athena Diagnostics (laws of nature)
    • Enfish; Thales Visionix (abstract ideas)
    • Berkheimer, Aatrix, Cellspin (role of fact questions in the Mayo/Alice Step Two “inventiveness” inquiry)
  • Disparate viewpoints for analyzing the bedrock requirement of nonobviousness, including the Federal Circuit’s first en banc obviousness decision in thirty years:
    • Apple v. Samsung
  • The continued vitality of infringement under the doctrine of equivalents, as illustrated in a spate of Federal Circuit decisions including:
    • Lilly v. Hospira
  • Supreme Court decisions examining patent infringement remedies, including:
    • WesternGeco (offshore lost profits)
    • NantKwest (cert. granted, attorney fee-shifting in §145 civil actions)
  • Supreme Court decisions cabining long-standing defenses to patent infringement, including:
    • Impression Products (patent exhaustion)
    • SCA Hygiene (laches and equitable estoppel)

Professors and students will benefit from:

  • Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent
  • In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals
  • Timely statistics on patent trends
  • Succinct analysis of multi-national patent protection regimes
  • Helpful visual aids, such as figures, tables, and timelines
  • A sample patent and breakdown of a prosecution history
  • Boldfaced key terms and a convenient Glossary
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About the authors
Janice M. Mueller

Janice M. Mueller co-founded the Chisum Patent Academy with Donald S. Chisum in 2009. From 2004-2011 Janice was a tenured full Professor at the University of Pittsburgh School of Law, where she taught and wrote in the field of intellectual property law with an emphasis in U.S. and comparative patent law. Janice has also taught at the John Marshall Law School (Chicago), Suffolk University (Boston), the University of Kentucky, the University of Washington, Seattle University, Santa Clara University, and William Mitchell College of Law. A registered U.S. patent attorney and chemical engineer, Janice began her legal career as a patent agent with Merchant & Gould, P.C. in Minneapolis. After law school Janice completed a two-year clerkship with the Honorable Giles S. Rich, U.S. Court of Appeals for the Federal Circuit. She litigated patent and copyright infringement cases as an Honors Program Trial Attorney in the U.S. Department of Justice before entering legal academia in 1995. Janice taught and wrote as a full-time law professor for 16 years. Janice has served on the AIPLA’s Amicus Committee, as a trustee of the Federal Circuit Historical Society, chaired the Expert Advisory Committee on Intellectual Property for the non-profit Consultative Group on International Agricultural Research. Janice has lectured for BarBri Patent Bar Review.

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Sixth Edition
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Connected eBook (Digital Only)
Patent Law
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