In Elekta Limited v. Zap Surgical Systems, Inc., No. 21-1985 (Fed. Cir. Sept. 21, 2023), the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining...more
1/3/2024
/ Appeals ,
Burden of Proof ,
Dismissals ,
Evidence ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Motivation to Combine ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art
This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA,...more
10/9/2023
/ America Invents Act ,
First-to-File ,
First-to-Invent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Interference Proceeding ,
Inventions ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more