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Patent Reform United States Patent and Trademark Office Patent Infringement

Venable LLP

PREVAIL Act Reforms at the PTAB

Venable LLP on

The Act’s Objectives - USPTO data indicate that as many as 80% of instituted Patent Trial and Appeal Board (PTAB) proceedings that reach a final written decision (FWD) result in the invalidation of at least one challenged...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis Proposes Patent Eligibility Reform (Again)

Republican Senator Thom Tillis of North Carolina has released a new proposal to reform the text of 35 U.S.C. § 101.  The Senator's last effort in doing so died on the vine in 2019, purportedly due to stakeholders being too...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rep. Goodlatte Releases Report on H.R. 9

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

Morrison & Foerster LLP

House Committee Advances Competing Patent Reform Legislation

With yesterday’s House Judiciary Committee vote, there are now competing, and in some respects significantly different, patent reform proposals under serious consideration in the House and the Senate. Among the most important...more

Mintz - Trademark & Copyright Viewpoints

Inter Partes Review Initial Filings of Paramount Importance: What Is Clear After Two Years of Inter Partes Review Under the AIA

September 16, 2014, marked the two year anniversary since certain provisions of the Leahy-Smith America Invents Act went into effect, including post-grant Inter Partes Review (IPR) proceedings before the Patent Trial and...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Update -- A Review of the First Round of Comments -- Part 2

As we have previously reported, the USPTO has been seeking feedback on the PTAB trial proceedings established by the Leahy-Smith America Invents Act. A Federal Register notice from June 27, 2014, contained a "Request for...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more

King & Spalding

DISPUTE RESOLUTION: Intellectual Property: Patent Marking: An Important Consideration For All Patented Products

King & Spalding on

The energy industry has seen a significant increase in the number of patents granted over the past decade. This increase tracks a growing use of new technology in areas such as exploration, production, monitoring, and...more

King & Spalding

Intellectual Property Newsletter - June 2013

King & Spalding on

In This Issue: *News from the Bench - Unanimous Supreme Court Ruling on Gene Patentability: Natural DNA “No”/ cDNA “Yes” - CAFC Reverses Denial of Permanent Injunction Based on Perceived Future...more

Ladas & Parry LLP

What If Anything Should Be Done About Patent Assertion Entities?

Ladas & Parry LLP on

Since 2005 there has been increased concern about patent enforcement by parties that have variously been referred to as patent trolls, non-practicing entities, patent aggregators and, most recently, patent assertion entities....more

McDonnell Boehnen Hulbert & Berghoff LLP

SAP America, Inc. v. Versata Development Group, Inc. (P.T.A.B. 2013)

In an example of judicial reasoning rolling downhill, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) has struck down claims directed to a computer-implemented business method as failing to meet...more

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