News & Analysis as of September 22, 2024

America Invents Act › Fifth Amendment

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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 -

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

Knobbe Martens on 10/14/2021

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process....more

Canceled Patent Claims Do Not Entitle Former Patent Owner to a Refund

Knobbe Martens on 9/1/2020

CHRISTY, INC. v. UNITED STATES - Before LOURIE, REYNA, and HUGHES. Appeal from the Court of Federal Claims. Summary: The government’s refusal to refund patent issue and maintenance fees after patent claims are canceled...more

Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

Knobbe Martens on 8/27/2020

SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more

Latest Federal Court Cases - August 2020 #2

Schwabe, Williamson & Wyatt PC on 8/25/2020

PATENT CASE OF THE WEEK - Security People, Inc. v. Iancu, Appeal No. 2019-2118 (Fed. Cir. Aug. 20, 2020) - This week’s Case of the Week deals with whether a party can challenge the outcome of an inter partes review...more

Arthrex Files Certiorari Petition in Arthrex case

McDonnell Boehnen Hulbert & Berghoff LLP on 7/16/2020

Arthrex recently filed a certiorari petition with the Supreme Court in Arthrex v. Smith & Nephew Inc. (a case related to Arthrex, Inc. v. Smith & Nephew, Inc., which has also the subject of petitions from the U.S. government...more

Supreme Court Takes Pass on Considering IPR Constitutionality

McDonnell Boehnen Hulbert & Berghoff LLP on 6/25/2020

There is little rhyme nor reason in the cases the Supreme Court decides to review. But the Court has patterns in its case selection that do (to some degree) probe what the Justices think are important questions. One pattern...more

Supreme Court Denies Cert on 5th Amendment Constitutionality of Subjecting Pre-AIA Patents to IPR

Goodwin on 6/23/2020

Today, the Supreme Court denied three petitions for certiorari challenging the constitutionality of subjecting patents issued prior to the America Invents Act (“AIA”) to inter partes review (“IPR”). See Celgene v....more

Special Report - 2019 IP Law Year in Review - Patents

McDermott Will & Emery on 2/20/2020

2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

Retroactive Application of IPRs to Pre-AIA Patents is not Unconstitutional Taking

McDermott Will & Emery on 9/4/2019

The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more

Federal Circuit Holds IPR Proceedings On Pre-AIA Patents Is Not An Unconstitutional Taking Under The Fifth Amendment

Weintraub Tobin on 8/16/2019

In CELGENE CORPORATION v. PETER, the Federal Circuit recently affirmed the PTAB’s decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR...more

Give and Take: IPR of Pre-AIA Patent is NOT an Unconstitutional Taking

Mintz - Intellectual Property Viewpoints on 8/12/2019

On July 30, 2019, the Federal Circuit held that retroactive application of IPR (inter partes review) proceedings to pre-AIA (America Invents Act) patents is not an unconstitutional taking under the Fifth Amendment (Celgene...more

Inter Partes Review of Pre-AIA Patents is Constitutional

Troutman Pepper on 8/1/2019

Celgene Corp. v. Peter, Appeal Nos. 2018-1167, -1168, -1169 (Fed. Cir. July 30, 2019) - Celgene owned two patents that pertained to methods of safely distributing potentially hazardous drugs. The patents were challenged...more

One Year after Oil States, Constitutional Questions Remain

Fish & Richardson on 7/5/2019

In April 2018, the Supreme Court issued Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365, and SAS Institute v. Iancu, 138 S. Ct. 1348, a highly anticipated pair of decisions concerning post-grant...more

Are Patents Property?

Jackson Walker on 2/5/2019

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

Attorney General’s Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents

Troutman Pepper on 9/20/2018

The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes review (“IPR”) procedure. In two recent appeals of IPR decisions, Genentech...more

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

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America Invents Act › Fifth Amendment

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