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Patent Reform United States Patent and Trademark Office Prior Art

Haug Partners LLP

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

Haug Partners LLP on

I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.  From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more

Morgan Lewis

2017 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

Morgan Lewis on

Recent patent reform legislation, rule changes, and court rulings are expected to have a significant impact on the strategies of both patent owners and petitioners....more

Foley & Lardner LLP

Federal Circuit Holds Full Sequence Not Required for Invention of DNA

Foley & Lardner LLP on

In Sanofi-Aventis v. Pfizer, Inc., the Federal Circuit affirmed the USPTO’s determination that Pfizer had proven an earlier date of invention of the DNA sequence at issue, even though it did not have the full, correct...more

Foley & Lardner LLP

The Goodlatte Innovation Act Proposes More U.S. Patent Reform

Foley & Lardner LLP on

On October 23, 2014, Congressman Goodlatte (R-VA) introduced the “Innovation Act,” which is intended “to make improvements and technical corrections” to the Leahy-Smith America Invents Act (AIA) “and for other purposes.”...more

Orrick, Herrington & Sutcliffe LLP

Therasense Revisited: In re Rosuvastatin Calcium Patent Litigation

In the United States, patent applicants and their counsel owe a duty of candor and good faith to the Patent Office. This duty is breached when the applicant or its counsel knowingly fails to disclose material prior art...more

JAMS

IP: Mediation’s role in the patent arena -- In-house counsel should consider using mediation early in patent cases for maximum...

JAMS on

Originally published in InsideCounsel on March 5, 2013. The primary advantage of mediation is to avoid the costs and risks of litigation. A secondary advantage of mediation is the ability to tailor the resolution of...more

Morrison & Foerster LLP

America Invents Act: USPTO Publishes Final Examination Guidelines for the First-Inventor-to-File Provisions

On July 26, 2012, the United States Patent and Trademark Office (USPTO) published proposed Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act (AIA), which...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues First-Inventor-to-File Examination Guidelines and Final Rule

In a press release issued earlier today, the U.S. Patent and Trademark Office announced that examination guidelines and the final rule for implementing the first-inventor-to-file (FITF) provisions of the Leahy-Smith America...more

Baker Donelson

March 15 and March 18 - Two Important Dates to Make a Note Of

Baker Donelson on

On March 16, 2013, the U.S. Patent and Trademark Office (USPTO) is changing from a First-to-Invent system to a First-Inventor-to-File system under the America Invents Act for all patent applications that have a priority date...more

Downs Rachlin Martin PLLC

On Your Marks, Get Set…. AIA First-To-File Officially Takes Off On March 16, But The Race To File Patent Applications Has Already...

The America Invents Act or “AIA” was signed into law by President Obama on September 16, 2011. After an eighteen month waiting period, on March 16, 2013, two months from today, the US patent system officially changes to a...more

K&L Gates LLP

Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

K&L Gates LLP on

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other...more

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