News & Analysis as of September 22, 2024

America Invents Act › Amicus Briefs

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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 -

Chicago-Kent Journal of IP: Precedential Opinion Panel Resolves Conflicts in PTAB Opinions on Joinder

Jones Day on 6/10/2019

Since its inception through the Leahy-Smith America Invents Act (“AIA”), the proper role and function of the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (“PTO”) in adversarial post-grant...more

Supreme Court Says America Invents Act Did Not Alter On-Sale Bar

White & Case LLP on 2/6/2019

Squib of Holding and Key Implication: The United States Supreme Court, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., held on January 22, 2019 that "a commercial sale to a third party who is required to keep...more

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

McDonnell Boehnen Hulbert & Berghoff LLP on 11/28/2017

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

Biotechnology Innovation Organization's Amicus Brief for In re Aqua Products, Inc.

McDonnell Boehnen Hulbert & Berghoff LLP on 11/16/2016

On Friday, December 9, 2016, the Federal Circuit will hear oral arguments en banc in the In re Aqua Products, Inc. case to consider two questions related to the PTAB's treatment of Motions to Amend in IPR proceedings. ...more

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Bioindustry Association

McDonnell Boehnen Hulbert & Berghoff LLP on 9/21/2015

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

No Rehearing En Banc for In re Cuozzo Speed Technologies -- PTAB Update

McDonnell Boehnen Hulbert & Berghoff LLP on 7/10/2015

Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously reported, this case was the first appeal of the first...more

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