Alert

Recommended Alerts

Sign Up For Alerts

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.”

Read More

EU Rejects the Spanish Challenge to the Unified Patent Court


Time to Read: 1 minutes Practices: Intellectual Property

Today, the Court of Justice of the European Union issued its judgment, finally rejecting the "Spanish Challenge" to the Unitary Patent system (part of the Unified Patent Package, which includes the Unitary Patent Regulation, Regulation on Translations, and Unified Patent Court Agreement) signed back in December 2012. As reported previously, the Spanish challenge has been brewing since 2012, shortly after the Unified Patent Package was signed. The Spanish Challenge essentially argued that the new scheme was a breach of European Union law, and illegal, because it gave unnecessary authority to the European Patent Office and a subset of the EU member states, and because it did not integrate the Spanish language as an official language of the system.

Today's historic ruling makes a strong statement about the importance of the Unified Patent Package. The ruling states that the Unitary Patent and Unified Patent Court address “the complexity and particularly high costs of the current European patent protection system” which “affect adversely the capacity of European businesses to innovate and compete.” 

This ruling ends the debate, which began nearly 50 years ago in regard to unifying the patent system in Europe. This is the last hurdle. The system is now a-go, anticipated to start in 2016. All companies that have competitors in Europe, particularly where patents are relevant to their industry, will now need to take seriously this new court system and patent regime.

Cookie Settings