America Invents Act

  • Acquirer IPR in mergers and acquisitions

    In corporate mergers and acquisitions (M&A), it is essential to conduct due diligence to understand the risks associated with any contemplated transaction. A crucial aspect of this diligence lies in evaluating the target’s liability or potential liability in patent litigation, particularly in light of the significant costs associated with litigation...

  • Prepping for battle

    So far, this IP-themed issue of InsideCounsel has taken us through the steps of monetizing and protecting IP assets. But the fact of the matter is, in this day and age, the biggest trends that in-house counsel are tracking are those involving IP litigation. Whether your company is an accused...

  • Alphabet soup

    The Leahy–Smith America Invents Act (AIA) was seen as the most important new patent law in a half century when it was approved in 2011. The law basically moved the U.S. patent system from a “first to invent” to a “first inventor to file” system. It also allowed for inter...

  • More changes proposed on PTAB trial proceedings

    “The PTAB proceedings are succeeding in their Congressional mandate to effectively and efficiently resolve patent validity disputes, while providing timely, low-cost alternatives to district court litigation,” USPTO Director Michelle Lee said.

  • Trade secrets and the AIA: The practical considerations of establishing prior user rights by clear and convincing evidence

    The doctrine of prior user rights as expanded under the America Invents Act (AIA) amendments to 35 U.S.C. § 273 provides entities a safe haven from patent infringement for certain internal commercial uses that are the subject of another’s later patent filing. This doctrine offers an additional defense to entities...

  • Should hedge funds have standing in IPR?

    “Hedge fund manager Kyle Bass has opened a new door to abuse of the US patent system,” the Biotechnology Industry Organization claims.

  • Trade secrets and the AIA: Prior user rights and the clear and convincing evidence standard

    More than three years after the enactment of the AIA, the expanded doctrine of prior user rights remains largely undeveloped, but its existence nonetheless should remain a consideration for businesses as they implement strategy to protect intellectual property rights and trade secrets in particular.

  • How to avoid the coming patent translation bottleneck

    Many view the AIA Treaty as negative to patent law, and rushed to file as many patents as possible before the new treaty took effect

  • The state of patent trolls in 2015

    When it comes to smothering inventions, no one does it better than patent trolls, also known as “patent assertion entities,” “non-practicing entities,” or “non-manufacturing entities.” Whatever the name, these parasites feed off the work of legitimate manufacturing companies that strive to create products and American jobs.

  • Kaye Scholer team achieves PTAB victory for Olympus

    Kaye Scholer IP partner Deborah Fishman and counsel Katie Scott were part of the team that recently secured a victory for Olympus America Inc. before the Patent Trial and Appeal Board (PTAB).

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