Prior User

News & Analysis as of

Supreme Court to Take on Trademark Tacking

In trademark disputes, parties may battle over who was the first to use the mark. In other words, each party wants to establish that it is the “prior user”. One way to establish priority is through a doctrine called...more

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

Federal Circuit Clarifies Standards for a Clinical Trial to Be Public Use

In 2007, Dey L.P., Dey Inc., and their parent company Mylan, Inc. (collectively, "Dey") sued Sunovion Pharmaceutical, Inc. ("Sunovion"; formerly known as Sepracor, Inc.) for infringement of five of Dey's patents....more

Infringer Violates Parking Infringement Patent, Gets Ticket, No Excuse

Vehicle Monitoring Systems Pty Limited v Sarb Management Group Pty Ltd (trading as Database Consultants Australia) (No 2) [2013] FCA 395 (3 May 2013) - A recent decision of the Federal Court of Australia concerning an...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

America Invents Act Makes Significant Changes to U.S. Patent Law

March 16, 2013, marked the beginning of “first-inventor-to-file,” the backbone of the new U.S. patent system under the Leahy-Smith America Invents Act (AIA). The AIA is the most comprehensive review of American patent law...more

Intellectual Property Laws Amendment (Raising The Bar) Act 2012: Amendments Relevant To Procedure (Updated 15 April 2013)

Schedules 3 and 6 of the new law relate to new proceedings and cancellation of other proceedings with the objective of reducing delays in resolution of patent applications, and simplifying the patent system by removing...more

Top Ten Reasons To File Your Patent Applications Before March 16, 2013

The recently enacted America Invents Act (AIA) introduces major changes to the U.S. patent laws, with some significant provisions taking effect on March 16, 2013. These provisions provide several compelling reasons to file...more

The America Invents Act

As we advised previously, on September 16, 2011, the President signed the Leahy-Smith America Invents Act, the most comprehensive overhaul of the U.S. patent system in more than 60 years. Most of the changes required by the...more

America Invents Act: Prior User Commercial Rights

Prior to the AIA, Section 273 provided a defense to business method patents only. Now, Section 273 provides an expanded defense based on earlier commercial use of a process or instrumentality used in a manufacturing or other...more

Focus on Energy - November 2012: The America Invents Act: A Useful Tool For The Energy Industry?

Just over a year ago, President Obama signed the America Invents Act (AIA), signalling one of the most significant revisions to U.S. patent law since 1952. As intellectual property in general, and patents in particular, are...more

Kirton McConkie: America Invents Act (AIA) (Presentation)

Summary: America Invents Act (AIA): - Changes to 35 USC 102 and 103 .. “First to File” System .. Derivation Proceedings - Review & Opposition of Patents. .. Post-Grant Review .. Inter Partes...more

Be Prepared: America Invents Act Will Be Changing in the U.S. from ‘First-to-Invent’ to ‘First-to-File’ System

September 16, 2012 marked the second wave of implementations of the America Invents Act. The first wave of implementations took place a year ago, September 16, 2011, and included changes to false marking, fees,...more

The America Invents Act and Your Business

The America Invents Act (AIA)— commonly referred to as the “patent reform bill”— was signed into law last month and business owners are still wondering what, if anything, it means to them. Given that patent reform has been...more

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