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Tag: America Invents Act

Pitfalls of Dealing with AIA Transition Applications

In one of our earlier posts we discussed how to determine whether a given patent application or patent is subject to the First Inventor to File Provisions of the America Invents Act (AIA).  In particular, we discussed the complexities involved in determining whether an application filed after March 16, 2013 was subject to the First…

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Filing and Prosecution Strategies for AIA First Inventor to File System

Although the America Invents Act (AIA) was signed into law in September 2011, the “first inventor to file” provisions did not immediately take effect.  However, they will take effect in less than two months.  Are you ready? The shift to a first inventor to file system represents a significant change in U.S. Patent Law that…

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Defending the Patent Case – The America Invents Act’s Advice of Counsel Provision

A key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement.  A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much as three times the actual damages. At one time, the law imposed a…

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