Law: Leahy-Smith America Invents Act 2011 (USA)

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

As courts continue to shape and refine the metes and bounds of PTAB estoppel on subsequent invalidity challenges before the district courts and the USPTO, patent challengers should carefully consider their strategies for invalidating biotechnology and pharmaceutical patents.

24 June 2024

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Canada and the United States share common characteristics in their legal systems, with many overlapping rules in patent law. However, inventors, patent holders and practitioners should also be aware of three fundamental differences that may have practical implications on IP strategy: whether a prior sale of a product bars patentability, the question of how similar a product could be without infringing on a patented invention and infringement in the context of the skinny-label pathway.

24 June 2024

IAM spoke to James Pooley, a Silicon Valley lawyer who was instrumental in the DTSA’s creation, to reflect on the changes it has brought in and what’s coming next

14 May 2024

Featured in SEP/FRAND Hub 2023/2024

The lack of any statement from any governmental agencies during 2023 concerning SEP/FRAND policy indicates a more neutral stance by the government in which SEP issues must be governed on a case-by-case basis under controlling law. If there is a change in administration as a result of the 2024 election, US SEP holders will want to closely monitor any changes in SEP policy and their implications.

27 October 2023

Featured in SEP/FRAND Hub 2022/2023

Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.

24 August 2023

Featured in SEP/FRAND Hub 2023/2024

Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.

24 August 2023

Saturday Opinion: If the agency seeks to single out Unified Patents and bar it from filing IPRs, argues its GC Jonathan Stroud, it must also scrutinise the lack of transparency and conduct of prolific NPEs

20 May 2023

Congress members grilled USPTO Director Kathi Vidal for rule-making proposals that they view as outside the statutory authority of the America Invents Act

28 April 2023

Saturday Opinion: USPTO Director Kathi Vidal’s sanctions are a good start, but more must be done to curb untoward behaviour going forward

11 March 2023

With Senator Leahy due to step down this month, IAM takes a look back at his impact on intellectual property

14 December 2022