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Patent reform legislation brings host of changes to US patent law

USA - September 16 2011 The Leahy-Smith America Invents Act, signed by President Obama into law on September 16, 2011, is the culmination of patent reform efforts taking years.

Alicia M. Choi, David Elkins, Douglas H. Goldhush, Peter Flanagan.

Inequitable conduct doctrine: significant changes on the horizon?

USA - December 17 2010 On April 26, 2010, the Court of Appeals for the Federal Circuit granted a petition for en banc rehearing in Therasense Inc. v. Becton, Dickinson & Co. to clarify the inequitable conduct doctrine.

Patentability of software after Bilski v Kappos

USA - August 31 2010 In Bilski v Kappos, the US Supreme Court held that the machine-or-transformation test is not the sole test for determining whether a process is patentable subject matter under 35 USC §101.

Potential liability for marking products with patent numbers of expired patents

USA - June 17 2010 In Pequignot v. Solo Cup Co. , No. 2009-1547 (Fed. Cir. June 10, 2010), the Federal Circuit held for the first time that products marked with expired patent numbers are "unpatented" within the meaning of the statute and could be subject to false marking liability, but let Solo off the hook because it did not have the "intent to deceive" required by the statute.

Alicia M. Choi, Nathan Lane III, Peter Flanagan.

Patenting research or preempting the future before it has arrived? Federal Circuit reaffirms written description requirement

USA - March 27 2010 The core intellectual property of many universities and advanced research centers may be significantly impacted by the Federal Circuit Court’s recent en banc decision in Ariad Pharmaceuticals Inc. v. MIT.

Alicia M. Choi, Nathan Lane III, Peter Flanagan.