This article focuses on core types of intellectual property frequently used on a global basis.
An inter partes review challenging the validity of a patent is normally barred after one year from service of a complaint. However, 35 USC § 315(b) says the time limit doesn’t apply to a motion to join, which has been interpreted to allow filing an IPR after one year with a motion to join the other IPR. The window for doing this is within one month of institution of the IPR to be joined (37 CFR § 42.122(b)). This situation often occurs in multi-case, multi-defendant litigation. The question then becomes should you join, and if so, how.
This Article discusses litigation strategy in view of the new post-grant patent procedures created by the Leahy-Smith America Invents Act (AIA). The AIA provides for post-grant review by the Patent Trial and Appeal Board (PTAB), inter partes review, transitional post-grant review and supplemental examination. These newly created procedures allow third parties to challenge patents and patent owners to strengthen their portfolios. The US Patent and Trademark Office (USPTO) will issue regulations detailing these procedures throughout 2012.
This InfoPAK provides a primer to assist corporate counsel in recognizing issues related to government funded research and practical tips for managing the many related requirements and obligations.
Patent claims by non-practicing entities (NPE's) have been at the center of debate among federal and state legislators for the past few years. The articles discusses the emerging role State AGs have begun to play in prohibiting bad-faith patent infringement claims.
Patent litigation can be pricey — approximately 2.5 million USD through trial. Additionally, litigation demands the valuable time of key executives. Limiting the number and degree of harmful litigation cases is the responsibility of in-house counsel. Read this article to learn how to reduce your company’s risk of IP litigation.
The following article lists ten aspects of Canadian patent law and practice that contrast with that of the United States. This brief article will be of interest to US in-house counsel who are directing patent litigation in Canada.
Patent troll lawsuits can be costly and time-consuming. The stakes are especially high for small start-up companies, which are the primary targets of patent trolls. Fear not – help is on the way. This article explores the challenges in the current patent system and evaluates the proposed remedies.