News & Analysis as of August 28, 2025

Inventors

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Federal Circuit Issues First Decision on Litigated AIA Derivation Proceeding

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/28/2025

In Global Health Solutions LLC v. Selner, the Federal Circuit addressed for the first time an appeal from a derivation proceeding litigated before the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA)....more

Federal Circuit: Private Sale by Inventor Does Not Trigger Prior Art Exception Under the AIA

Akin Gump Strauss Hauer & Feld LLP on 3/25/2025

The Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) final written decision holding that the prior art exception of AIA Section 102(b)(2)(B) does not apply to a prior sale by an inventor when the sale is...more

Patent by Secret Process: Perils of Pre-Patent Profiting

McDermott Will & Schulte on 8/22/2024

The US Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s (ITC) determination that the asserted process patents were invalid under the America Invents Act (AIA) because products made using...more

Private Sale Means Public Fail

McDermott Will & Schulte on 8/8/2024

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision that a private sale of a product embodying the claimed invention did not qualify as a “public disclosure” under 35 U.S.C. §...more

Latest Federal Court Cases - May 2023 #3

Schwabe, Williamson & Wyatt PC on 6/1/2023

Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L., Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered...more

Prior Art Citation to Inventors’ Report Not “By Another” for § 102(e)

McDermott Will & Schulte on 8/25/2022

The US Court of Appeals for the Federal Circuit found that a prior art patent’s summarization of a report authored by the inventors of a patent challenged under inter partes review (IPR) did not constitute a disclosure “by...more

Who You Gonna Call? Inventors Survive On-Sale Heat

McDermott Will & Schulte on 7/2/2019

The US Court of Appeals for the Federal Circuit affirmed a district court finding that three patent claims were invalid under the on-sale bar but remanded two other patent claims for trial, explaining that the district court...more

PTAB Strategies and Insights - December 2018: Federal Circuit Holds No Assignor Estoppel in AIA Proceedings

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/2/2019

Recently, the Federal Circuit held that an ex-employee (of Cisco) who founded a competitor (Arista) can challenge their own assigned patent, finding that, after assignment, they are not the patent owner. The Court held that...more

Federal Circuit Sidesteps Constitutionality of AIA First-to-File Provision

McDermott Will & Emery on 9/5/2014

MadStad Eng’g, Inc. v. USPTO - The U.S. Court of Appeals for the Federal Circuit faced an issue of first impression when a named inventor on three patents challenged the first-inventor-to-file provision of the America...more

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