Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en

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.

Mediation can be an effective tool in resolving simple to complex patent litigation. As the volume of patent cases has increased around the country, the number of experienced mediators and parties that have participated in the mediation process has also increased. This guide collects the knowledge of experienced judges, mediators, counsel, and parties to promote cost-effective, time-effective, and constructive dispute resolution. Much of the practical information contained within this guide was derived from interviews with federal judges, patent litigators, and in-house attorneys familiar with conducting patent mediations. These sources are not quoted directly so as to preserve anonymity with regard to their views on particular issues. This stage-by-stage and issue-by-issue guide supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediations when judges are managing patent cases. This supplement addresses issues specific to mediators (magistrate judges and private mediators) and in-house and litigation counsel.