America Invents Act, Patent Trolls, Inter Partes Review (IPR) Proceeding

America Invents Act › Patent Trolls › Inter Partes Review (IPR) Proceeding

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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 -

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

Fenwick & West LLP on 4/27/2018

Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2016

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

Post-Grant Review Roils Patent Litigation Waters

Sheppard Mullin Richter & Hampton LLP on 5/27/2016

The America Invents Act (AIA) has had a profound impact on patent litigation, particularly surrounding inter partes and other post-grant proceedings. Below, Manish K. Mehta, who handles patent litigation across an array of...more

"After Period of High Invalidation Rates, New US Patent Challenge Procedures May Slow Down to Moderate Pace"

Skadden, Arps, Slate, Meagher & Flom LLP on 4/22/2016

When the U.S. Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB) began hearing post-issuance patent challenge proceedings under the America Invents Act in September 2012, the PTAB became one of the...more

IP Newsflash - September 2015

Akin Gump Strauss Hauer & Feld LLP on 9/8/2015

DISTRICT COURT CASES - Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs - In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...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

Innovators Beware! Patent Reform Creates the New “Anti-Patent” Troll

Bradley Arant Boult Cummings LLP on 6/30/2015

Recent years have seen a wave of efforts to control frivolous patent-infringement lawsuits perpetrated by so-called patent trolls. These started with the America Invents Act of 2011 and have been followed by the Patent Law...more

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