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USA - September 18 2012
One year ago, on September 16, 2011, the America Invents Act’s first provisions became effective, although many provisions were delayed by twelve to eighteen months.
USA - May 16 2012
If Cordis Corp. has its way, non-party discovery by subpoena will be permitted in an inter partes patent reexamination, potentially expanding the scope and complexity of presenting such reexaminations in the Patent Office.
USA - May 11 2012
In a May 4, 2012, panel order deciding a writ of mandamus, the Federal Circuit Court of Appeals has addressed the question of the AIA’s effect on joinder for cases already pending as of the new law’s September 16, 2011, effective date. See In Re EMC Corp.
USA - January 9 2012
We all know that Congress created an anomaly in the AIA by, on the one hand, leaving in the “best mode” requirement of 35 U.S.C. Sec. §112, Par. 1, and yet, on the other, by affirmatively removing from future enforcement actions the affirmative defense of invalidity based on lack of a such a best mode disclosure.
USA - December 30 2011
The expanded coverage of the “prior commercial use” defense set forth in Section 5 of the AIA, codified at 35 U.S.C.§ 273, is one of the curious aspects of the new legislation.
