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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Art 126
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Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. 422, 430 (2007); AVX Corp. The Federal Circuit disagreed. Int’l Shipping Corp.,

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

article thumbnail

Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

Here, the relevant confidentiality agreement included a forum selection clause to govern patent and other intellectual property disputes between the parties, which stated in relevant part: [T]he Parties agree that all Potential Actions arising under U.S. 422, 430 (2007); AVX Corp. The Federal Circuit disagreed. Int’l Shipping Corp.,

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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently-O

Cotter, Is Global FRAND Litigation Spinning Out of Control , 2021 PatentlyO Law Journal 1 (2021) ( Cotter.2021.GlobalFRANDLitigation Lemley, Erik Oliver, Kent Richardson, James Yoon, & Michael Costa, Patent Purchases and Litigation Outcomes , 2016 Patently-O Patent Law Journal 15 ( Lemley.2016.PatentMarket COVID-19Impact).