BNA INSIGHTS: Third Party Challenges to Patentability under the America Invents Act

Proceedings in the Patent and Trademark Office offer third parties a number of ways to challenge the patentability of pending or issued claims. One goal in providing such proceedings has been to offer a fast and effective alternative to litigation.

BNA INSIGHTS: Treatment of Business Method Patents in Pending Patent Reform Legislation: Bilski Backlash?

Business method patents have often attracted negative attention, and even after the Supreme Court decision in Bilski v. Kappos, those concerns persist…

Supreme Court Takes Two More Patent Cases for Term Beginning in October

Patent law will once again be featured in U.S. Supreme Court deliberations next fall, as the court June 27 added two more certiorari grants to the Mayo v. Prometheus review decision less than a week earlier…

Supreme Court Affirms Clear and Convincing Evidence Norm for Patent Validity Challenges

The U.S. Supreme Court rejected Microsoft Corp.’s challenge to Federal Circuit precedent and held unanimously June 9 that an alleged infringer must show by clear-and-convincing evidence that the patent it is accused of infringing is invalid (Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, 6/9/11).

BNA INSIGHTS: The Sword and the Shield—How Recent Developments in Patent Damages Law Can Help Your Case as Both a Defendant and a Plaintiff

PATENTS:
The astute litigator can use the current state of patent damages law as both a shield against unreasonably high damages awards, and as a sword that can drive high-value patent damages recoveries…

BNA INSIGHTS: Current and Potential Methods to Undermine a Competitor’s U.S. Patent Application

One of your most important clients has sent you an e-mail message with a recently published patent application attached. The message reads, “Our competitor filed the attached application. How do we keep them from getting this patent granted?”…

Senate Approves Patent Reform Bill, But House Debate Already Raises Issues

The nation’s capital was abuzz with patent reform talk throughout the week of the U.S. Senate’s March 8 approval of a patent reform bill, S. 23. Optimism for a quick conclusion to the six years of congressional debate on the topic was short-lived, though, as two hearings in the U.S. House of Representatives exposed a continuing disagreement on some key issues…

Senate Judiciary Committee Unanimously Approves Patent Reform Act of 2011

The Senate Judiciary Committee approved by a 15-0 vote Feb. 3 a new patent reform bill, S. 23, after agreeing to Chairman Patrick J. Leahy’s (D-Vt.) manager’s amendment and an amendment that effectively abandons the committee’s attempt to codify jurisprudence on willful patent infringement…

Obama’s Innovation Focus, Leahy’s Patent Reform, House’s Patent and Trademark Office Review—All in One Day

For patent community stakeholders who like government attention to their concerns, Jan. 25 was a banner day…

BNA INSIGHTS: Courts, Congress, and Agencies Adjust IP Law to Meet the Domestic and Global Challenges of the New Decade

The patent community was in rapt anticipation throughout the first half of 2010, waiting for the U.S. Supreme Court’s Bilski decision…

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