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Patent/PTAB Litigation Changes in Senator Leahy’s “Restoring the America Invents Act”

In 2011, Congress passed the Leahy-Smith America Invents Act (the “AIA”), implementing the most significant reformation to the U.S. patent system in over fifty years. Among the many changes of the AIA was the creation of the Patent Trial and Appeal Board (the “PTAB”). The PTAB serves as the judicial body of the United States Patent and Trademark Office (the “USPTO”) that adjudicates AIA trial proceedings of challenged patents. A decade later, one of the AIA’s namesakes, Senator Patrick Leahy – VT (D), is seeking to recalibrate practices that have evolved due to recent court decisions and PTAB directives that he sees as contrary to goals of the original AIA legislation. As such, Senator Leahy has introduced a new bill entitled the “Restoring the America Invents Act.”

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October 1 Deadline for Public Comment on EU Unitary Patent System


Time to Read: 1 minutes Practices: Intellectual Property Litigation, Patent Strategy

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As previously announced, the preparatory committee for Europe’s Unitary Patent System is soliciting public comment on its draft rules of procedure, which will be applied by the divisions of the new Unified Patent Court (see our prior Alert). This is a reminder that the deadline for comment submission is October 1, 2013. 
 
This is an unusual opportunity for international companies to voice their suggestions for enhancing the system. Many international companies have already commented. All are invited and encouraged to participate. 
 
Comments should be sent to the following email address: secretariat@unified-patent-court.org.
 
Key issues that are still developing and are in particularly need of public comment include:

  • standards for deciding when to grant injunctions (Rule 211) 
  • standards for deciding when to bifurcate infringement and validity (Rules 37, 40, 118) 
  • restrictions on a claimant’s ability to “forum shop” among different local divisions within the EU, and 
  • costs for opting out and ongoing maintenance of patent portfolios in the new system 

If you have questions about these issues, how your company will be impacted, or how to prepare your company to take advantage of the new rules, please contact Ed Kelly.

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