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Tag: America Invents Act

Invalidity, Patent Invalidity, Patentability

The America Invents Act: This Isn’t Your Father’s On-Sale Bar

November 24, 2015stevehansenAIA, America Invents Act, On-Sale Bar

With the implementation of the America Invents Act (AIA), the United States went from a first to invent to a first inventor to file system of determining priority of patent rights. However, that was not all that changed with the implementation of
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Invalidity, Patentability

Pitfalls of Dealing with AIA Transition Applications

April 1, 2013stevehansenAmerica Invents Act, America Invents Act (AIA)

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
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Patent Preparation and Prosecution

Filing and Prosecution Strategies for AIA First Inventor to File System

January 22, 2013stevehansenAIA, America Invents Act, First Inventor To File, patent prosecution

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
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Damages, Patent Litigation

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

November 27, 2012stevehansenAIA, America Invents Act, Enhanced Damages, willful infringement

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
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Recent Posts

  • Defending the Patent Case – Make Sure to Serve This Interrogatory
    by stevehansen
    September 16, 2020
  • Can I Patent a New Way of Using an Existing Product?
    by stevehansen
    September 16, 2020

Tag Cloud

Claim Construction (13) Infringement (12) Invalidity (26) Patentability (15) Patent Invalidity (11) Patent Litigation (39) Patent Preparation and Prosecution (34) Patents (40) Portfolio Development and Innovation (33) Reexamination and Post Grant Review (6) Uncategorized (5)

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