• Archive for November, 2011

    The Endurance of Patent Interferences in a First-to-File World

    by  • November 29, 2011 • Interference

    Contrary to general euphoria, the America Invents Act does not end the first-to-invent system or patent interferences to determine priority of invention, even for patents issuing from applications filed after the Act’s “first-to-file” effective date (March 16, 2013). Instead, a provision buried in uncodified § 3(n)(2) expressly requires that the existing interference provisions of 35 [...]

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    Brussels IP Week 2011 USPTO Oppositions Course, Dec. 7-8

    by  • November 17, 2011 • Litigation

    THE FUTURE OF PATENT LITIGATION UNDER THE AMERICA INVENTS ACT – STRATEGIC USE OF NEW USPTO POST-GRANT OPPOSITIONS A 2-Session Course by Sughrue Mion, PLLC IP WEEK 2011/Brussels, December 7 and 8 The new America Invents Act will arm patent challengers with potent new weapons, both by greatly expanding prior art applicable to future patents, [...]

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    Will Bettcher v. Bunzl  limit estoppel in post-grant oppositions under the America Invents Act?

    by  • November 9, 2011 • Estoppel, Ex parte reexamination, Inter partes review, Post-grant review

    A critical factor in the decision to initiate a post-grant review or inter partes review proceeding in the USPTO will be the estoppel consequences of a decision confirming the patentability of challenged claims. Following the general model of current inter partes reexamination, both new statutes provide that if a “final written decision” is issued by [...]

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