Topic Archives: AIA

Vermont Takes A Leap: First State To Pass Law To Combat Patent Trolling

Patent trolls have been in the spotlight of national attention in the past year, as President Obama addressed the problem in his Fireside Hangout and a White House report attempted to quantify the impact of abusive litigation. Officially known as Patent Assertion Entities, or PAEs, these … Continue reading

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Will the New USPTO Administrative Proceedings Solve the Software Patent Problem?

Amidst current discussions on the “problem” posed by software patents, David Kappos, Director of the United States Patent and Trademark Office (USPTO), recently delivered a speech defending the existence of such patents. Kappos argued that innovations in the software industry are no … Continue reading

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Volume 27, Issue 2 (Fall 2012)

Front Matter Front Matter (PDF 470Kb) Articles Priority and Novelty Under the AIA (PDF 401Kb) by Robert P. Merges Considering Copyright Rulemaking: the Constitutional Question (PDF 497Kb) by Andy Gass Seven Reasons Why Trade Secrets Are Increasingly Important (PDF 558Kb) by David S. Almeling … Continue reading

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Patents, Progress, and Prognostication: A Recent AIA-Mandated Study Scans a Hazy Horizon

Last year’s passage of the Leahy-Smith America Invents Act (AIA) promised significant changes to the Patent Act, but the effect of those changes remains to be seen – largely because the most sweeping revisions have not yet taken effect.  Though … Continue reading

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Post Grant Review as a Tool for Challenging Pharmaceutical Patents

Under the recently passed Leahy-Smith America Invents Act (“AIA”), generic drug manufacturers will be able to use post grant review (“PGR”) to effectively invalidate or constrain pharmaceutical patents. The efficiency of PGR and the lower burden of proof for the PGR process in comparison … Continue reading

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Patent Trolls Under the Patent Reform Act

On September 16th, 2011, President Obama signed the (Leahy-Smith) America Invents Act.  The official White House Press Release and countless blogs describe the Act as “the most significant reform of the Patent Act since 1952.”  One of the stated objectives … Continue reading

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