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America Invents Act › Trade Secrets

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 -
WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

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On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

WilmerHale

A Secret On Sale: When Trade Secrecy and Invention Disclosure Collide

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You have invented a process for manufacturing a high-potency artificial sweetener. You are now faced with a critical business decision: how do you protect your intellectual property? You could keep your process a closely...more

Seyfarth Shaw LLP

Celanese v. ITC – Exploring the Crossroads of Trade Secrets and Patent Rights Post AIA

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On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed. Cir. 2024), a case that may reshape the dynamics between trade secrets and patent rights....more

WilmerHale

PTAB/USPTO Update - May 2022

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USPTO Leadership - On April 13, Kathi Vidal was sworn in as the new Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Director Vidal offered...more

Porter Hedges LLP

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

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Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

Porter Hedges LLP

Patent And Trade Secret Protection Of Inventions: 5 Things To Remember On The 5th Anniversary Of The Defend Trade Secrets Act

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Just five years ago, on May 11, 2016, President Obama signed the Defend Trade Secrets Act (the “DTSA”). This important legislation created a new, federal civil cause of action for trade secret misappropriation. The DTSA...more

Saiber LLC

District of New Jersey Decision Helps Clarify Standards for Lifting Federal Litigation Stay Based on Concurrent PTAB Proceedings

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In a recent decision, Judge Brian R. Martinotti affirmed Magistrate Judge Douglas E. Arpert’s order denying plaintiffs’ motion for leave to amend its complaint.  Plaintiffs were attempting to remove their patent infringement...more

Orrick - Trade Secrets Group

The Interplay of Patents and Trade Secrets in Protecting IP

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Often companies are faced with a dilemma in protecting their IP—should the company disclose its IP to the world and seek a patent that will protect its IP for a set number of years? Or, should the company keep the IP a secret...more

Womble Bond Dickinson

Keeping Trade Secrets Out of Patents

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Trade secret and patent laws both provide intellectual property protection but have conflicting requirements that can impose challenges for a company seeking to maximize its protection under each right. Originally...more

Kilpatrick

6 KEY TAKEAWAYS: Considerations Before Relying on AIA Prior User Rights

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Patent Partner Karam J. Saab shares key considerations before relying on AIA Prior User Rights: 1. Trade secret can serve as an effective tool to protect internal processes and systems that are not exposed to the public;...more

Knobbe Martens

Patent Law Update for Medical Device Companies 2018 (Presentation)

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Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

WilmerHale

The Where, When and What of DTSA Appeals: Part 1

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Federal trade secret litigation can be as costly and complex as patent litigation. Unlike patent litigation, however, there has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in...more

Hogan Lovells

Patents or Trade Secrets? Yes, Please.

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Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 3

McDonnell Boehnen Hulbert & Berghoff LLP on

Supplemental Examination: Potential Benefits vs. Guaranteed Risks - The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more

Miller Canfield

Congress Finally Agrees: Passes Federal Trade Secrets Act

Miller Canfield on

After years of legislative fits and starts, the U.S. House of Representatives on April 27, 2016, passed a bill federalizing trade-secret law. President Obama is expected to sign the bill in short order. Titled the “Defend...more

Latham & Watkins LLP

5 Things to Know About the Defend Trade Secrets Act

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Unanimous Senate approval of the federal trade secrets bill creates momentum for a new cause of action. After nearly a year-long delay, the Senate on April 4, 2016, unanimously passed the Defend Trade Secrets Act (DTSA),...more

Sheppard Mullin Richter & Hampton LLP

News of Note in IP

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Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2016 Vol. 14, Issue 1

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Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections - It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l,...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2015

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28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

BakerHostetler

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

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With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

BakerHostetler

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

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With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

Foley Hoag LLP

Patenting: A Guidebook For Patenting in a Post-America Invents Act World

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Patenting - Patenting generally offers a superior means for legally protecting most inventions, particularly since: • copyright, when available, does not provide a broad scope of protection; and • the...more

Troutman Pepper

Rebalancing Your IP Portfolio

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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 conditions. ...more

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