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15 Apr 2024, 2:33 pm by Dennis Crouch
[2024-07759] The Leahy-Smith America Invents Act of 2011 (the AIA) provided the PTAB authority to decide challenges to patents in various proceedings, including inter partes reviews (IPRs) and post grant reviews (PGRs). [read post]
29 Jan 2024, 2:19 pm by Dennis Crouch
The question reads as follows: Under the Leahy-Smith America Invents Act (“AIA”), a party may challenge the validity of a patent in an inter partes review proceeding before the Patent Trial and Appeal Board (“PTAB”) and obtain a decision regarding the patent’s validity. [read post]
7 Jan 2024, 9:59 pm by Patent Docs
Noonan -- One of the many changes introduced into U.S. patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR). [read post]
9 Nov 2023, 10:59 am by Dennis Crouch
The witnesses were Lamar Smith, former House Judiciary Chair and namesake of the Leahy-Smith America Invents Act (now at Akin Gump); Joe Matal, former interim PTO Director (and until recently at Haynes & Boone), Joe Kiani, Founder and CEO of the medical device company Masimo, and Michelle Armond, partner at Armond Wilson. [read post]
10 Aug 2023, 8:47 pm by Patent Docs
Noonan -- The Patent Trial and Appeal Board (PTAB) has benefited, particularly after enactment of the Leahy-Smith America Invents Act, from the deference to its factual findings mandated by the Supreme Court's interpretation in Dickenson v. [read post]
14 Jul 2023, 9:04 am by Dennis Crouch
by Dennis Crouch The key benefit of the first-to-file patent regime, introduced by the Leahy-Smith America Invents Act (AIA), is the clarity that it provides. [read post]
10 Jan 2023, 8:18 pm by Patent Docs
Noonan -- As the dodo of patent practice, the number of interferences has been steadily dwindling since enactment of the Leahy-Smith America Invents Act in 2012 abolished the practice in favor of a "first inventor to file" regime and a derivation proceeding for instances where a patentee is found to have taken the invention from the true inventor (35 U.S.C. [read post]
1 Dec 2022, 2:29 am
” Since 2011, with the passage of the Leahy-Smith America Invents Act, the Patent Act has defined an “inventor” as “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. [read post]
23 Aug 2022, 8:52 pm by Patent Docs
Noonan -- For most of the past decade, the Supreme Court has been marking out the metes and bounds of the Patent Trial and Appeal Board's execution of the post-grant review provisions of the Leahy-Smith America Invents Act, particularly with regard to inter partes reviews (see "Oil States Energy Services, LLC. v. [read post]
23 Aug 2022, 2:13 pm
   2 “AIA” refers to the Leahy-Smith America Invents Act, Pub. [read post]
30 Mar 2022, 8:33 pm by Patent Docs
Noonan -- One of the casualties of the Leahy-Smith America Invents Act in 2012 was 35 U.S.C. [read post]
The Patent Trial and Appeal Board (PTAB) was formed in 2012 as part of the Leahy-Smith America Invents Act (probably most known for changing the U.S. [read post]
28 Nov 2021, 9:14 pm by Patent Docs
Noonan -- The Leahy-Smith America Invents Act prescribed two very different post-grant review proceedings in U.S. patent law. [read post]
11 Nov 2021, 9:44 pm by Patent Docs
Noonan -- The inter partes review (IPR) provisions of the Leahy-Smith America Invents Act have been castigated by many for the propensity of the Patent Trial and Appeal Board (PTAB) to find claims challenged in these proceedings to be anticipated or obvious (albeit this outcome has been less frequent for technologies in chemical and life sciences patents). [read post]
11 Oct 2021, 6:04 am by Florian Mueller
About a year ago I described a complaint by Apple, Google, Intel, and Cisco over then-USPTO Director Iancu's PTAB rulemaking as "litigation to the rescue of legislation" because the case was brought in defense of the ideas underlying the Leahy-Smith America Invents Act (AIA). [read post]