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Post Grant Proceedings Before The Patent Trial And Appeal Board

Author: Oblon Spivak Llp
Publisher: Practising Law Institute
ISBN: 9781402418419
Size: 73.80 MB
Format: PDF, ePub, Mobi
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The America Invents Act created the Patent Trial and Appeal Board which is akin to the Board of Patent Appeals and Interferences and which will preside over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure will be inter partes review, which effectively replaces inter partes reexamination as of September 16, 2012. Other post-grant proceeding include Post-Grant Review and the Transitional Program for Covered Business Method Patents. Post-Grant Proceedings Before the Patent Trial and Appeal Board guides readers through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation. Updated at least once a year, Post-Grant Proceedings Before the Patent Trial and Appeal Board is a comprehensive and indispensable resource for anyone involved in a proceeding before the Patent Trial and Appeal Board."

Aspen Student Treatise For Patent Law

Author: Janice M. Mueller
Publisher: Wolters Kluwer Law & Business
ISBN: 145488035X
Size: 78.21 MB
Format: PDF, Kindle
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Succinct and timely, the fifth edition of PATENT LAW continues to demystify its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. Updated throughout, the Fifth Edition offers: Up-to-the-minute explanations deciphering the complex first-to-file provisions of the America Invents Act, the most significant change to U.S. patent law in 60 years Further AIA updates throughout the text, emphasizing the newly-implemented inter partes review and post-grant review proceedings Cogent analyses of recent Supreme Court and Federal Circuit decisions that have fundamentally impacted patent law, including: Alice Corp. v. CLS Bank Teva v. Sandoz Nautilus v. Biosig Octane Fitness v. Icon Health Apple v. Samsung In re Cuozzo Features: Effective, lucid, and complete, Janice M. Mueller’s PATENT LAW features: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Patent Wars

Author: Thomas F. Cotter
Publisher: Oxford University Press
ISBN: 0190244453
Size: 21.81 MB
Format: PDF, ePub, Docs
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Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.

America Invents Act Primer

Author: Sarah Hasford
Publisher: Elsevier
ISBN: 0128120975
Size: 54.52 MB
Format: PDF, Docs
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Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA’s substantive provisions. More specifically, and whenever possible, each discussion of the AIA’s provisions includes the following key features: An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come. An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section.

Managers And The Legal Environment Strategies For Business

Author: Constance E. Bagley
Publisher: Cengage Learning
ISBN: 133767155X
Size: 14.40 MB
Format: PDF, Docs
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With new cases and examples from headlines, MANAGERS AND THE LEGAL ENVIRONMENT: STRATEGIES FOR BUSINESS, 9E equips readers with the legal knowledge and risk management techniques for success as a business manager. Cutting-edge coverage and a strategic approach teach how to enhance realizable value, redeploy resources, and manage legal and business risk. Up-to-date coverage addresses the rights of workers at firms, like Uber, in the gig economy; the right of employers to restrict employees’ social media; ethics of compensating workers who are tipped; law to protect children’s safety on the Internet; Fourth Amendment concerns in searches of cell location; rules governing crowdfunding; and the ramifications of the EU’s “right to be forgotten.” Readers learn to use legal tools to create value, attain business objectives, resolve legal issues, and handle legal disputes. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Uspto Post Grant Trials Handbook

Author: S. Benjamin Pleune
Publisher: CCH
ISBN: 9781454886167
Size: 18.76 MB
Format: PDF, ePub, Mobi
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USPTO Post-Grant Trials Handbook covers the three new post-grant proceedings to challenge the validity of an issued patent introduced by the American Invents Act: inter partes review (IPR), post-grant review (PGR), and covered business method review (CBM). These review proceedings have different requirements, restrictions, and review standards. Accordingly, a party seeking to challenge the validity of an issued patent must consider each situation and determine which vehicles are available and decide which one to use. USPTO Post-Grant Trials Handbook starts with analysis of the petition for each of these procedures, describes how to address each incremental stage, and then culminates in appeals to the Federal Circuit. It provides the attorney with: Step-by-step guidance for negotiating filings, motions and discovery, offering insight and strategies for each aspect of the case along the way Comparison charts covering the differences in procedures, availability, grounds, estoppel and standards for each type of proceedings Checklists to ensure all requirements are included in petitions and responses Timelines for each type of proceeding as an aid to keep on track and not miss important deadlines Relevant codes, statutes and citations to PTAB precedential decisions The United States Patent and Trademark Office (USPTO) periodically publishes statistics on the post-grant proceedings, which has shown a high number of IPR petitions being filed since the system became effective on September 16, 2012. The CBM, which also became effective on September 16, 2012, is also regularly utilized, although the number of petitions is much lower compared to IPR due to the statutory restrictions that apply to the CBM. Inter Partes Review, Covered Business Method challenges and Post-Grant Review represent the hottest area of patent law, and are currently widely popular mechanisms for challenging the validity of patents. These post-grant trials have caused one of biggest strategic shifts in the way that practitioners approach both patent prosecution and patent litigation in decades. At the time of this publication, PGR has not been utilized nearly as much, mainly because PGR is only available to patents that have an effective filing date of March 16, 2013 or later and are issued under the new first to file system.

Innovation And Its Discontents

Author: Adam B. Jaffe
Publisher: Princeton University Press
ISBN: 9781400837342
Size: 66.64 MB
Format: PDF, ePub, Docs
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The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

Protect Your Patent

Author: James L Rogers
Publisher: SphinxLegal
ISBN: 1572483296
Size: 37.62 MB
Format: PDF
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Thousands of patents are issued each year and obtaining a patent is an important accomplishment. But don't assume that after a patent is obtained your job is over. In reality, the most difficult task comes after the patent is issued. Protect Your Patent is a vital source of information for every patent holder who wants to know how to effectively protect and use rights granted under the patent. The book simplifies and thoroughly explains everything that you need to know about what to do after a patent issues.