This morning the Supreme Court heard arguments in the heavily anticipated case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on the question of whether AIA trials at the patent office, such as inter partes...more
11/28/2017
/ America Invents Act ,
Article III ,
Constitutional Challenges ,
Energy Sector ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
SCOTUS ,
Standing
A recent Federal Circuit decision on a writ of mandamus as to the scope of the estoppel provided in 35 U.S.C § 315(e) appears to be contrary to the scope that practitioners and the legislators had in mind when the America...more
One of the most important decisions that a patent defendant must make is whether to join with other co-defendants in America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board. Attorneys Seth Northrop and...more
Two years after the creation of the America Invents Act post-grant proceedings, many patent owners are facing an uphill battle when attempting to defend their intellectual property before the Patent Trial and Appeal Board...more
4/21/2015
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Corporate Counsel ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Post-Grant Review ,
Prior Art ,
Young Lawyers
For two years we’ve seen the inter partes review process play out. What are the procedures like? Does it look like litigation or more like a foreign planet that IP litigators would not recognize? Attorneys Cyrus Morton and...more
The America Invents Act (AIA) created a number of changes in how we obtain and enforce patents. But perhaps more substantially it changed the way that individuals can challenge the validity of patents. The AIA created a...more
The America Invents Act (AIA) has been in effect from more than a year and half. Now, many have begun to ask if the patent office trials the AIA created are living up to their promise of lowering patent litigation costs and...more