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New Rules Under the Leahy-Smith America Invents Act
The Legal Intelligencer
October 9, 2012

The Leahy-Smith America Invents Act represents the most significant change in the patent law since 1836. The AIA was enacted into law on September 16, 2011. The objectives of the AIA are to grant patents in the United States with greater speed, quality and certainty, and for the USPTO to reach patentability decisions faster. Full Text


SHIELD Act May Be a Double-Edged Sword
The Legal Intelligencer
October 9, 2012

Two U.S. congressmen, Representative Peter DeFazio, D-Ore. and Representative Jason Chaffetz, R-Utah, introduced legislation (HR 6245, the Saving High-Tech Innovators from Egregious Legal Disputes Act, or SHIELD Act), in the U.S. House of Representatives on August 1. The SHIELD Act seeks to dissuade nonpracticing entity patent owners (“NPEs,” or sometimes derogatorily called “patent trolls”) from filing patent infringement lawsuits that do “not have a reasonable likelihood of succeeding” against computer hardware and software companies by awarding costs and attorney fees to the accused infringer. Full Text


Courts Give Guidance on Patenting Software and Methods
The Legal Intelligencer
October 9, 2012

It may seem odd that more than 220 years after the first U.S. patent statute was enacted, the question, “What can be patented?” remains unsettled. Nonetheless, the question has persisted, especially for computer-implemented methods and “methods of doing business.” Full Text


Patents and the Biosimilar Drug Regulatory Process
The Legal Intelligencer
October 9, 2012

The Biologics Price Competition and Innovation Act of 2009 (BPCIA), embedded in the Patient Protection and Affordable Care Act (PPACA), established a statutory approval pathway and patent dispute resolution scheme for biological medicines. The biotechnology and pharmaceutical industries must be ready to implement BPCIA strategies once the FDA’s regulatory framework is finalized. Full Text


The New ‘Nexus’ Injunction Standard of Apple v. Samsung
The Legal Intelligencer
October 9, 2012

In Apple v. Samsung, 678 F.3d. 1314 (Fed. Cir. 2012), the Federal Circuit announced a “nexus” requirement for determining whether a patent owner has suffered irreparable harm of lost market share as a result of infringement. This new hurdle to injunctive relief, which is borrowed from analogous damages law, will likely prove exceedingly difficult to satisfy where a patented feature is only a portion of a larger accused product. Full Text

 


Arising Virtual Marking Issues Following AIA
The Legal Intelligencer
October 9, 2012

The Patent Act provides in 35 U.S.C. 287(a) that an alleged infringer must have notice that there are patents covering a product before damages can begin to be assessed in an infringement action. Notice can occur one of two ways: through the patent owner providing an infringer with an actual notice of infringement of a patent or through the patent owner providing a constructive notice of infringement by adequately marking its products or packaging to indicate that the products have patent coverage. Full Text


Creative Approaches for Transforming Research Into Innovation
The Legal Intelligencer
October 9, 2012

In recent years, there has been extensive discussion in the tech transfer and entrepreneurial communities about bridging the gap between the universities and other research institutions that are generating new research and the entrepreneurial and commercial interests that might take that research and develop new products. As one commentator has said, a key challenge is that invention does not necessarily lead to innovation. Full Text