America Invents Act Infringement Patents

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 -
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United States Trade Secrets Law

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

Emerging Strategies for Protecting Global IP Rights [Video]

Sangeeta G Shah from Brooks Kushman P.C, Speaking about - Divide/joint infrigement, the long arm of the ITC and post- AIA strategies...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

First Decision by PTO Under America Invents Act Invalidates Business Method Patent

The United States Patent & Trademark Office (“PTO”) recently issued its first decision under the transitional program for covered business method (“CBM”) patents—a creation of the Leahy-Smith America Invents Act (“AIA”)—in...more

Congress Continues Efforts to "Reform" U.S. Patent Law

It has been less than three months since the remaining provisions of the Leahy-Smith America Invents Act (AIA) took effect, and just short of five months since the AIA Technical Corrections Act was enacted to "correct and...more

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

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

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

IP Update, Vol. 16, No. 2, -- February 2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

Pending Petition for CBM Review Results in Litigation Stay

The stay provisions of America Invents Act § 18(b) related to covered business method patent review1 (“CBM review”) were recently applied in Market-Alerts Pty. Ltd. v. Bloomberg Fin. L.P. et al., C.A. No. 12-780-GMS (D....more

America Invents Act: Inter Partes Review

What is an inter partes review? An inter partes review (“IPR”) enables a third party to challenge one or more claims in an issued patent at the United States Patent & Trademark Office (“Office”). IPR was designed to...more

Federal Court in Delaware Issues First Stay Pending Covered Business Method Review under Section 18(b)(1) of the America Invents...

On February 5, 2013, Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware issued an order staying litigation pending review by the Patent Trial and Appeal Board under the Transitional Program for...more

Intellectual Property Newsletter - December 2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

Business Litigation Report -- December 2012

In This Issue: Firm News: ..Quinn Emanuel Deutschland Named “IP Law Firm of the Year” and “Patent Law Firm of the Year” by JUVE ..Intellectual Property Trial Lawyer Amar Thakur Joins Quinn Emanuel...more

Multi-Defendant Joinder Under the America Invents Act: Much Ado About Nothing?

In September 2011, Congress passed the Leahy-Smith America Invents Act (“AIA”), which implemented a number of changes to the U.S. patent system. Notably, Congress took aim at a proliferation of patent infringement suits...more

America Invents Act: Best Mode Removed as a Defense

On September 16, 2011, the America Invents Act (AIA) ushered in major changes to the U.S. patent system, including changes to available defenses for patent infringement. One provision that took place immediately on enactment...more

America Invents Act: Limitation on Joinder

On September 16, 2011, the America Invents Act (AIA) ushered in major changes to the U.S. patent system, including changes affecting assertion of patent infringement against multiple, unrelated accused infringers. Effective...more

The rise of patent lawsuits in the mobile payments arena

Originally published in E-Finance & Payments Law & Policy - May 2012. Companies large and small are rushing to develop new products and technologies to net their share of the $1 trillion of projected value in mobile...more

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