America Invents Act

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
News & Analysis as of

Federal Circuit Review | June 2015

Accused Infringer’s Good-Faith Belief In Invalidity No Defense To Induced Infringement - In Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, the Supreme Court held a good-faith belief a patent is invalid is not a...more

The Status of Business Method Patents

Business method patents have a checkered history. They were once very much in vogue—numerous such patents issued, and many of them were litigated. Then, about two years ago, Congress enacted a special procedure that made it...more

Newsflash, Politico: ‘Patent Death Squad’ Alive and Well

Politico, the popular political journalism publication, recently ran the story “Patent Reform Advocates: PTO Process Not Patent ‘Death Squad.’” The story was based on a blog post by patent reform advocate Unified Patents. ...more

Federal Circuit alters functional claiming landscape in Williamson v. Citrix Online, LLC

In Williamson v. Citrix Online, LLC, No. 2013-1130, the Federal Circuit recently overruled earlier precedent and eliminated the “strong” presumption that a functional claim limitation lacking “means” language does not invoke...more

Rebalancing Your IP Portfolio

Financial advisors often advise their clients to maintain a balanced investment portfolio. Occasionally these advisors recommend rebalancing the investments within a portfolio to account for changes in market...more

Fed Circuit Reverses PTAB Decision in IPR Proceeding

On June 16, the Federal Circuit issued its first-ever reversal of a Patent Trial and Appeal Board decision in an America Invents Act post-grant proceeding. The opinion, drafted by Chief Judge Prost and joined by CAFC Judge...more

An Overview, A Summary And An Update To The Latest Patent Reform

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

Federal Circuit Remands Because PTAB’s Claim Construction Was “Unreasonably Broad”

The Patent Trial and Appeal Board (PTAB) administers post-grant patent proceedings under the America Invents Act. The PTAB has invalidated many patent claims, and has been referred to as a patent “death squad.” But a recent...more

Federal Circuit En Banc Decision in Williamson v. Citrix Overrules Long Line of Precedent Regarding Functional Claiming and § 112,...

On June 16, 2015, the Federal Circuit issued its decision in Williamson v. Citrix Online, overruling en banc a long line of precedent regarding functional claiming and affirming a District Court decision finding asserted...more

3D Printing, Innovation Protection, and Manufacturing: The Big Change is Now

Intellectual property (IP) law is undergoing a major transformation just as additive manufacturing? or 3D printing? has begun to revolutionize the manufacturing industry. The interplay between these two forces could end up...more

PTAB to Consider Motion for “Abuse of Process” Sanctions Against Kyle Bass Hedge Fund IPR Petition

In a recent order, the Patent Trial and Appeals Board (PTAB) indicated that it will consider a motion for sanctions based on a claim of “abuse of process” in Inter Partes Review (IPR) proceedings filed by the Coalition for...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Talking PTAB with Bob Steinberg  [Video]

Do you know your IPR from your PGR from your CBM? Partner Bob Steinberg explains some of key Patent Trial and Appeal Board acronyms and introduces The Book of Jargon® – Patent Trial & Appeal Board (PTAB) now available...more

Life Sciences Litigation Update - May 2015

Trends in Post-grant Review of Orange Book Patents. The America Invents Act’s post-grant challenges (“AIA proceedings”) continue to grow as an option for companies challenging a patent’s validity. In the first full fiscal...more

Technological Invention Exception Key to Foiling CBM - Bloomberg Finance LP v. Quest Licensing Corporation; Apple Inc. v....

In four orders addressing the requirements for instituting a covered business method (CBM) review, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB)) found the “financial product or service”...more

No Competitive Injury Without Intent and Action to Enter the Market - Sukumar v. Nautilus, Inc

In a precedential case of first impression interpreting 35 U.S.C. § 292 of the America Invents Act (AIA), the new “False Marking Statute,” the U.S. Court of Appeals for the Federal Circuit explained that even potential...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

Group of National and State Organizations Asks Congress to Enact Legislative Reforms to Maintain Strong Patent System

Last month, more than 90 national and state advocacy organizations sent a letter to the leadership of the House and Senate Judiciary Committees, urging Congress to enact legislative reforms that will maintain a strong and...more

Software Patents Are Still Very Useful Despite Alice, But Are Business Method Patents?

Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more

After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?

The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered...more

File inventor oaths/declarations early in US national stage applications

Since the implementation of the America Invents Act, the United States Patent and Trademark Office (USPTO) has allowed applicants in utility patent applications to postpone the filing of an inventor’s oath or declaration...more

PTO Refusal to Terminate Ongoing Proceeding Is Not Immediately Reviewable - Automated Merchandising Systems, Inc. v. Lee

Addressing the U.S. Patent and Trademark Office’s (PTO’s) refusal to terminate four inter partes reexaminations after a corresponding district court action was terminated, the U.S. Court of Appeals for the Federal Circuit...more

PTAB Issues ‘Quick Fix’ Rule Package, Effective Immediately

On March 31 we posted (here) about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings, beginning with a first rule package of “quick fixes” this spring. This past Tuesday, May 19, 2015,...more

Does the Supreme Court’s latest move further obviate patent reform efforts?

One of the key components of patent reform has been increased disclosure requirements for patent complaints. Patent infringement defendants have long derided the sparsity of information provided by patent infringement...more

Final "Ministerial" Rule Amendments for Practice Before the PTAB

On May 19, 2015, the U.S. Patent and Trademark Office published its first "Final Rules" package of amendments to the Rule of Practice before the Patent Trial and Appeal Board ("PTAB"). Keeping with Director Lee's...more

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