America Invents Act

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/24/2013

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

by Joshua Bosman, Gregory Huffman | McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

by Cole Richter, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/14/2013

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

by Joshua Bosman, Nicole Grimm, Gregory Huffman, Emily Miao, Joshua Rich, Cole Richter, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/13/2013

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

America Invents Act Makes Significant Changes to U.S. Patent Law

by John Stephens | Sedgwick LLP on 5/7/2013

March 16, 2013, marked the beginning of “first-inventor-to-file,” the backbone of the new U.S. patent system under the Leahy-Smith America Invents Act (AIA). The AIA is the most comprehensive review of American patent law...more

AIA Impact on Start Up Capital [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/15/2013

An important consideration following the implementation of the America Invents Act is how will the law will affect capital raises for critical start-ups and emerging companies. In this video, Robert Greene Sterne, a founding...more

Things to Know About the Latest Final Interim Rules to Patent Term Adjustment

by Alex Chan | Sheppard Mullin Richter & Hampton LLP on 4/12/2013

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act of January 14, 2013. 78 Fed....more

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

by Alexandra Cavazos, Janet Xiao | Morrison & Foerster LLP on 4/10/2013

On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how...more

The New Age Of Patent Enforcement In The United States: The Brave New World Post-AIA Is NOT First To File – It IS Post Grant...

by Downs Rachlin Martin PLLC on 4/10/2013

Sure, First-to-File is new here, but the rest of the world has been dealing with it forever and the sky has not fallen on technological innovation elsewhere. And it won’t fall on it here either under a First-to-File system....more

AIA Impact on University Innovation and Tech Transfer [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/10/2013

With the new First-Inventor-to-File system, the America Invents Act of 2012 has ushered in a particular set of challenges for universities and technology centers. Historically, these institutions wait to file patent...more

Six-Month Report Card: Post-Issuance Proceedings Under the AIA

by Donna M. Haynes, Carey Jordan, Iona Kaiser | McDermott Will & Emery on 4/8/2013

Introduction - On September 16, 2012, the U.S. Patent and Trademark Office (USPTO) implemented the provisions of the America Invents Act (AIA) to provide post-issuance patent challenge options to third parties...more

A Cautionary Tale for Patent Applicants

by Antoinette F. Konski | Foley & Lardner LLP on 4/5/2013

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 4/2/2013

On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an...more

Patent Office Litigation Update: Impact on Timing [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/2/2013

Donald R. Banowit, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., explains two recent clarifications to the deadlines for filing a petition for inter partes review at the USPTO....more

IP Update, Vol. 16, No. 3, March 2013

by Sarah Bro, Melissa Nott Davis, Paul Devinsky, Susan Evans, Raymond M. Gabriel, D. Jeremy Harrison, Donna M. Haynes, Sungyong “David” In, John Low, Ulrika Mattsson, Christopher May, more +Christina Ondrick, Alexander P. Ott, Philip Ou, Sara Sunderland, Rose S. Whelan, Bruce Yen, Rita Yoon | McDermott Will & Emery on 3/29/2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

Legal Alert: A Little Rule With Big Implications: USPTO Implements New Fee Schedule Including a 75% Reduction in Patent Fees for...

by James Cline, Jr., Kevin King | Sutherland Asbill & Brennan LLP on 3/29/2013

On March 19, 2013, the United States Patent and Trademark Office (USPTO) implemented a new fee schedule as authorized by the Leahy-Smith America Invents Act (Act). Among numerous changes in the fees for patent services...more

The Perfect Patent Office Litigator [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/29/2013

In this video, Robert Greene Sterne, a founding director of intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., describes the perfect patent office litigator to handle the new contested proceedings under...more

Patent Reform — First to File is Finally Here

by Russell Selmont | Ervin Cohen & Jessup LLP on 3/27/2013

As of March 16, 2013, the USPTO officially switched to the first-to-file system—from the first-to-invent system that had previously been a hallmark of U.S. patent law. Part of the America Invents Act, which was enacted...more

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

by Joan Ellis, Chris Mitchell, H. Jonathan Redway | Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

What You Need to Know about the USPTO’s Final Rules and Examination Guidelines for the First-to-File Provisions of the Leahy-Smith...

by Robert Kinberg, Fabian M. Koenigbauer, Michael A. Sartori, Ph.D. | Venable LLP on 3/25/2013

The USPTO’s final rules and examination guidelines for the first-to-file provisions of the Leahy-Smith America Invents Act, which was issued on February 14, 2013, contain several provisions that require Applicant action or...more

Patent Office Litigation Update: Stays at the U.S. District Court [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/21/2013

In this video, Donald R. Banowit, director with the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses the interface between district court patent litigation and contested patentability...more

Preserving First-to-Invent Status Under the America Invents Act

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 3/19/2013

Now that the first-inventor-to-file provisions of the America Invents Act (AIA) have taken effect, stakeholders should understand how to preserve the first-to-invent status of patent applications that were filed before March...more

The Decision Maker's Guide to Contested Proceedings Under the American Invents Act [Video]

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/19/2013

Under the America Invents Act, a patent owner has many tools available when considering contested proceedings. Some of those options include inter partes review, covered business method review proceedings, supplemental...more

Intellectual Property Litigation Alert: Post-Grant Review And Inter-Partes Review Are New Alternatives To Federal Litigation

by David Axtell, Katherine Moerke | Leonard, Street and Deinard on 3/15/2013

In September 2011, the America Invents Act (AIA) reformed the United States patent statutes. One of the most significant reforms is the change from a "first-to-invent" system to a "first-inventor-to-file" system for new...more

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Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Pro Te Solutio - Vol. 6 No. 1 February 2013

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

America Invents Act Makes Significant Changes to U.S. Patent Law

AIA Impact on Start Up Capital [Video]

Things to Know About the Latest Final Interim Rules to Patent Term Adjustment

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

The New Age Of Patent Enforcement In The United States: The Brave New World Post-AIA Is NOT First To File – It IS Post Grant...

AIA Impact on University Innovation and Tech Transfer [Video]

Six-Month Report Card: Post-Issuance Proceedings Under the AIA

A Cautionary Tale for Patent Applicants

USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

Patent Office Litigation Update: Impact on Timing [Video]

IP Update, Vol. 16, No. 3, March 2013

Legal Alert: A Little Rule With Big Implications: USPTO Implements New Fee Schedule Including a 75% Reduction in Patent Fees for...

The Perfect Patent Office Litigator [Video]

Patent Reform — First to File is Finally Here

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

What You Need to Know about the USPTO’s Final Rules and Examination Guidelines for the First-to-File Provisions of the Leahy-Smith...

Patent Office Litigation Update: Stays at the U.S. District Court [Video]

Preserving First-to-Invent Status Under the America Invents Act

The Decision Maker's Guide to Contested Proceedings Under the American Invents Act [Video]

Intellectual Property Litigation Alert: Post-Grant Review And Inter-Partes Review Are New Alternatives To Federal Litigation

AIA Impact on Start Up Capital [Video]

AIA Impact on University Innovation and Tech Transfer [Video]

Patent Office Litigation Update: Impact on Timing [Video]

The Perfect Patent Office Litigator [Video]

Patent Office Litigation Update: Stays at the U.S. District Court [Video]

The Decision Maker's Guide to Contested Proceedings Under the American Invents Act [Video]

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