News & Analysis as of August 27, 2025

America Invents Act › Patent Act

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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 -

Best Practices for Diligencing Chain-of-Title for Post-AIA Patent Applications with Assignee-Applicants

Ropes & Gray LLP on 8/15/2025

Patent diligence in the context of M&A and other types of commercial transactions typically involves confirmation of a patent’s chain-of-title ownership, from initial inventors through to the current assignee-owner. The...more

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

Pillsbury Winthrop Shaw Pittman LLP on 10/10/2024

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Latest Federal Court Cases - September 2022 #3

Schwabe, Williamson & Wyatt PC on 9/20/2022

Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) - In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the...more

America Invents Act, Ten Years After Enactment

Maynard Nexsen on 9/13/2021

The Leahy-Smith “America Invents Act” (hereinafter, “AIA”) was signed into law ten years ago, on September 16, 2011. We have learned extensively from the enactment and this article is part of a series of lessons learned. ...more

Drug Patent Invalid Due to Poor Quality Translation

Bradley Arant Boult Cummings LLP on 9/28/2020

In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent...more

Can Patent Claims be Cancelled Based on Indefiniteness by the PTAB during an IPR?

International Lawyers Network on 6/3/2020

For the Patent and Trail Appeal Board (“PTAB”), the PTAB allows a petition for inter parties review (“IPR”) to request cancellation of claims in a U.S. patent. For an inter parties review of a patent, the PTAB institutes...more

Idenix Pharmaceuticals LLC v. Gilead Sciences Inc. (Fed. Cir. 2019)

McDonnell Boehnen Hulbert & Berghoff LLP on 10/31/2019

Section 112 of the Patent Act as codified, entitled "Specification" in the statute, specifies the amount of disclosure required to support a patent claim (among other requirements). Section 112(a) contains three...more

Supreme Court Hears Oral Argument in Return Mail v. U.S. Postal Service

McDonnell Boehnen Hulbert & Berghoff LLP on 2/20/2019

Earlier today, February 19, 2019, the Supreme Court heard oral argument in Return Mail, Inc. v. U.S. Postal Service, which presented the simple question whether the federal government is a "person" entitled to petition for...more

Congress Introduces New Legislation To Halt Patent Trolling

Adler Pollock & Sheehan P.C. on 10/27/2015

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

Intellectual Property Newsletter - September/October 2015

King & Spalding on 9/29/2015

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

Patent Pending: The Outlook for Patent Legislation in the 114th Congress

King & Spalding on 7/14/2015

The field of patent law is in a state of flux. Just four years after the America Invents Act (“AIA”) went into effect, Congress is taking up the issue once again, this time seeking to pass legislation to curb abusive patent...more

An Overview, A Summary And An Update To The Latest Patent Reform

Akin Gump Strauss Hauer & Feld LLP on 6/19/2015

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

Congress Continues to Promote Patent Reform Efforts

Orrick, Herrington & Sutcliffe LLP on 6/13/2015

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?

McDonnell Boehnen Hulbert & Berghoff LLP on 6/1/2015

The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered...more

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America Invents Act › Patent Act

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