Tag Archives: AIA

Barry v. Medtronic – Be Careful What You Use and Sell!

In my last post, I discussed the Supreme Court’s opinion in Helsinn Healthcare v. Teva Pharms., holding Helsinn’s patent on a drug was invalid on the basis that Helsinn’s semi-secret sale of the drug to a marketing partner triggered the … Continue reading

Posted in 102 Patentability | Tagged , , , , , | Leave a comment

Supreme Court Rules That “Secret Sales” Can Qualify as Prior Art

Pre-AIA, 35 USC 102(b) stated that a person is entitled to a patent unless “the invention was patented or described in a printed publication… or in public use or on sale in the country, more than one year prior to … Continue reading

Posted in America Invents Act, Prior Art | Tagged , , , , , , , | Leave a comment

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading

Posted in PTAB | Tagged , , , , , , , , | Leave a comment

Chisum Patent Academy

The Federal Circuit and Supreme Court Have Already Issued 100 Precedential Patent Opinions in 2017! Are You Up to Speed? Stay on top of the latest critical developments by joining us this spring in Houston or Cincinnati. The Chisum Patent … Continue reading

Posted in CLE, Conferences and Classes | Tagged , , , , , , , | Leave a comment