Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case
AIA Impact on Start Up Capital
Can You Patent Human Genes? ACLU Says No
AIA Impact on University Innovation and Tech Transfer
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes -
Oral Arguments Before the USPTO Patent Trial & Appeal Board
Patent Office Litigation Update: Impact on Timing
The Perfect Patent Office Litigator
Patent Office Litigation Update: Lessons Learned from Contested Proceedings at the USPTO
PTAB Judges and Hearings at the USPTO Satellite Offices
Patent Office Litigation Update: Stays at the U.S. District Court
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes
The Decision Maker's Guide to Contested Proceedings Under the American Invents Act
Will the SHIELD Act Accomplish Its Goal of Effectively Combatting Patent Trolls?
Patent Office Litigation Update: Recommendations Following First Five IPR Trials Instituted
Prior Art Challenges After First-Inventor-to-File
What the First-to-File Patent Change Means (And What IP Strategists Should Do About It)
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Weekly Brief: Patent Jury Awards, Law Firm Hiring, Scalia's Hat
The Corporate Law Report: First-to-File Patents, Hiring for Cultural Fit, Roth Conversions Post-Fiscal Cliff, and Global Corporate Insights
As of March 16, 2013, all the provisions of the Leahy-Smith American Invents Act (“AIA”) have become effective. The AIA creates a new patent system for the United States with important ramifications for all technology...more
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
An important consideration following the implementation of the America Invents Act is how will the law will affect capital raises for critical start-ups and emerging companies. In this video, Robert Greene Sterne, a founding...more
On April 5, 2013, in In re Morsa, the U.S. Court of Appeals for the Federal Circuit (Rader, Lourie, O'Malley*) affirmed-in-part, vacated-in-part and remanded the USPTO Board of Patent Appeals and Interferences decision...more
In this video, Eldora L. Ellison, Ph.D., director with the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses lessons learned from pending inter partes review and covered business method...more
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
The United States Patent and Trademark Office (USPTO) finalized the rules of practice implementing the "first inventor to file" provision of the America Invents Act (AIA). The rules take effect March 16, 2013. The "first...more
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
The USPTO’s final First Inventor To File rules and Examination Guidelines were published in the February 14, 2013 edition of the Federal Register. While many of the final rules are identical to the proposed rules, there are...more
In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more...more
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
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
"[A]nticipation by inherent disclosure is appropriate only when the reference discloses prior art that must necessarily include the unstated limitation, [or the reference] cannot inherently anticipate the claims."...more
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
[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more
Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or...more
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
On Tuesday of last week, the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does...more
Although I am used to seeing patent litigation stories in The Washington Post, I was surprised when Sunday’s business section included an article on examiner interviews. Over the past few years, examiner interviews have...more
The Leahy-Smith American Invents Act (AIA), which became law last fall, presents the most significant changes to patent law in more than 50 years. The AIA was enacted with the goals of harmonization with international laws,...more
Many commentators call the Leahy-Smith America Invents Act (AIA) the biggest reform of the United States patent laws in almost 60 years. The AIA’s most publicized and dramatic change transforms the first-to-invent system to a...more
Patent litigation can be analogized to a game of chess. In chess each player has six distinct pieces – the king, queen, rook, bishop, knight, and pawn – each with its own strengths and weaknesses. In patent litigation,...more
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