America Invents Act, Hedge Funds

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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 -

Several hedge fund-linked IPR Petitions Instituted: PTAB Finds No Abuse of Process

Foley & Lardner LLP on 1/7/2016

Following a string of denials, the PTAB has recently instituted IPR against several pharmaceutical patents where the petitions were filed by entities linked to hedge funds. Prior to these recent institution decisions, there...more

MoFo IP Newsletter - October 2015

Morrison & Foerster LLP on 10/8/2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

PTAB Refuses To Sanction Kyle Bass

Foley & Lardner LLP on 9/28/2015

Many pharmaceutical companies have complained about the IPR petitions filed by Kyle Bass and the Coalition for Affordable Drugs against Orange Book-listed patents covering approved pharmaceutical products, but Celgene Corp....more

Celgene’s Pending Sanctions Motions against Kyle Bass’s Hedge Fund

Morrison & Foerster LLP on 8/26/2015

The Patent Trial and Appeals Board (PTAB) previously authorized Celgene Corporation (“Celgene”) to move for sanctions against the Coalition for Affordable Drugs (“Coalition”), an entity affiliated with a Kyle Bass hedge fund...more

Will New PTAB Rules Impact IPRs Filed By Kyle Bass Hedge Fund?

Foley & Lardner LLP on 8/24/2015

On August 19th, the USPTO released a new set of proposed rules related to post-grant proceedings before the Patent Trial and Appeal Board (PTAB). Among the many offered rules was the addition of a “Rule 11-type certification”...more

Analysis of Inter Partes Review and Post-Grant Review in the Life Sciences Industry Through First Quarter 2015

Troutman Pepper on 5/13/2015

The recently established inter partes review (IPR) and post-grant review (PGR) of the America Invents Act have been in the spotlight lately, especially now that the life sciences industry has begun to utilize these...more

The Iron Law of Unintended Consequences - (with apologies to Robert Michels)

McDonnell Boehnen Hulbert & Berghoff LLP on 2/26/2015

It is a certainty that no matter what action is taken (by an individual, a group, or especially a legislative body) that there will be unintended consequences. It is also true that those unintended consequences, like the...more

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America Invents Act › Hedge Funds