In a recent case, Samsung Electronics America v. Prisua Engineering Corp., the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) cannot invalidate patent claims as indefinite during an Inter Partes Review, making some patents more difficult to challenge.
{2:50 minutes to read} There is much to be learned from the recent case, Perfect Surgical Techniques, Inc. v. Olympus America, Inc. The Federal Circuit held that the Patent Trial and Appeal Board (PTAB) ruling was incorrect and found that there was evidence that the inventor conceived of the invention before the cited prior art.
{3:30 minutes to read} A recent case has been decided, and it is significant because it might define the standard for evaluating a patent under the American Invents Act (AIA) post-grant proceedings. On Friday, January 15, 2016, the Supreme Court granted certiorari to Cuozzo Speed Technologies, which asked the court two questions: Whether the Court […]
A transitional application is a non-provisional application that was filed on or after March 16, 2013 and claims “foreign priority” or “domestic benefit” of an application filed before March 16, 2013. The particularity of these transitional applications is that they can be examined either under pre-America Invents Act (AIA) rules, or according to the new […]
Before the America Invents Act became law, every inventor had to sign a document known as an Inventor’s Declaration before a patent application could start to be examined. By signing, the inventor certified, inter alia, that he was in fact the original inventor of the creation at issue. There were often reasons that the document […]