For more than a decade, the most prevalent way to attack a patent outside of court has been the “inter partes review” (IPR) provided by the America Invents Act in 2012. That is changing quickly. As the USPTO has issued an increasing
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If you practice law long enough, you see the pendulum shift between the respective rights of patent owners and accused infringers. The pendulum seems to be shifting, at least somewhat, back toward the inventors. In October of last year, John Squires, Director
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How aware are you of your competitor’s patenting activities? Are they seeking patents that could impact your development of future product lines in your technology area? Are they moving into new technologies that could be game-changers? Are new players entering your space?
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On July 2, 2013 the Federal Circuit Court of Appeals issued an opinion in Fresenius USA v. Baxter International, Inc., Case. No. 2012-1334, 1335 (Fed. Cir. July 2, 2013), which enhances the ability of patent infringement defendants to invalidate patents via the
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When patent holders want to let someone know that they are infringing their patent(s), they often send what is known as a “cease and desist” letter. The letter usually mentions the patent number and the product the patent holder thinks is
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With the enactment of the America Invents Act (AIA), companies now have a wide array of tools for challenging and neutralizing patents before they become a threat. Each tool has its advantages and disadvantages, but collectively they may allow companies to head
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The process of examining U.S. patent application is ex parte and does not involve third parties. The examination is based on the prior art that the applicant submits to the Patent Office and the prior art that the examiner uncovers in his
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“How can they get a patent on that”? This is a question I’ve heard countless times from clients after receiving a cease and desist letter threatening to sue them for patent infringement. Patent examination is ex parte, so only the applicant and
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