The America Invents Act (AIA), enacted in 2011, made significant changes to the US patent landscape, and nearly a decade later, the changes continue to ripple through the courts. Speaking on a panel titled “Examining Technology Transactions Under the Lens of the America Invents Act” at the 6th annual MIP International Women’s Leadership Forum in New York on June 6th, IP transactions partner Regina Sam Penti (Boston) and IP litigation partner Matt Rizzolo (Washington, DC) addressed the impact on the AIA on technology transactions in light of recent court decisions interpreting certain provisions of the AIA. Ms. Penti and Mr. Rizzolo were joined by co-panelist Anna Volftsun, associate general counsel at Humanscale.
The panelists covered the on-sale bar to patenting, the impact of forum selection and no-challenge clauses on parties’ rights to bring PTAB challenges, understanding the AIA’s expanded scope of prior art, and structuring of commercial agreements in view of these issues. The session was attended by dozens of senior executives from technology and life sciences companies.