Patent Counsel: Navigating Patents For the High Tech Industry
Arent Fox’s Patent Counsel blog examines trends in patent litigation, prosecution, and legislative reform, monitoring developments and key decisions from the courts, the International Trade Commission, and the recently formed Patent Trials and Appeals Board.
The Arent Fox Blog will report and comment on issues such as:
- Judicial decisions interpreting various provisions of the America Invents Act which include a first-to-file patent system, and a rehaul of the invalidity statutes to include a broader base of prior art publications under Section 102, and new “joinder” provisions;
- The intersection and strategic use of inter-partes review and other procedures at the Patent Trial and Appeals Board before the PTO which allow for efficient and expedient procedures for attacking the validity of issued patents before the newly formed PTAB;
- The application of various Federal Circuit and Supreme Court decisions which have made fee shifting awards easier, allowed for increased patentable subject matter attacks to business methods, have eliminated ability for induced infringement theories to proceed without a single direct infringer, and have revised the standard for indefiniteness of patent claims;
- Patentability decisions from the PTAB and developments and guidelines at the USPTO; and
- Legislative reform efforts seeking to curb abuse of patent “troll” litigation and similar state wide initiatives.