Tag: AIA
Who Really Invented the Ointment? Federal Circuit Clarifies AIA Derivation Proceedings in Global Health Solutions v. Selner
August 26, 2025
Glob. Health Sols. LLC v. Selner Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit in Global Health Solutions LLC v. Selner (148 F.4th 1363, decided August 26, 2025) clarified how derivation proceedings work…
Read MoreWho Can Appeal a Patent Board Decision? Dolby Labs Learns the Limits
June 5, 2025
Dolby Labs. Licensing Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently dismissed an appeal by Dolby Laboratories Licensing Corporation, clarifying when a party can challenge a Patent Trial and Appeal Board (PTAB) decision in…
Read MoreSecret Process Sales Still Trigger On-Sale Bar Under the AIA, Says Federal Circuit
August 12, 2024
Celanese Int’l Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and applicants, the Federal Circuit has reaffirmed that selling products made by a secret process before filing for a patent can…
Read MorePrivate Sales Don’t Count as “Public Disclosure” to Block Patent Prior Art
July 31, 2024
Sanho Corp. v. Kaijet Tech. Int’l Ltd Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision clarifies an important rule for inventors: selling your invention privately—even without a confidentiality agreement—does not count as “publicly disclosing” it for the purposes…
Read MoreSpeeding Up Invalidity Using Procedures at the USPTO
September 4, 2013
The presentation discusses different techniques for using US Patent and Trademark Office (USPTO) invalidity proceedings to invalidate issued patents. The presentation specifically discusses the new procedures available under the America Invents Act (AIA). Topics include Post-Grant Review (PGR) and Inter…
Read MorePartner Chuck Schmal Presents on the Final Rules for the AIA and is Featured by the Indiana Lawyer
April 12, 2013
Woodard Emhardt partner Chuck Schmal along with Eli Lilly patent counsel Andrea Castetter recently presented to other patent attorneys at a CLE event on the final rules and guidelines for implementing the AIA and how to embrace these requirements for…
Read MoreAmerica Invents Act (AIA) Transition Patent Application Statements
March 29, 2013
The presentation and accompanying video below generally concerns the procedures and rules for identifying whether or not patent applications are subject to the America Invents Act, commonly known as the AIA. It more specifically concerns the procedures and practices for…
Read MoreUSPTO Implements Final First-Inventor-to-File Rules Effective March 16
February 19, 2013
The USPTO recently published final rules implementing the first-inventor-to-file provisions of the America Invents Act (AIA) that take effect on March 16, 2013. The full text of the new rules is available here. The USPTO also published examination guidelines accompanying…
Read MoreNew Year Brings New Amendments to AIA
January 3, 2013
With confetti still lingering in the air Congress passed H.R. 6621 which includes many technical amendments to the America Invents Act. The passing of H.R. 6621 was not without a small amount of controversy as a section dealing with still…
Read MoreWoodard Emhardt Obtains Order Transferring Patent Case out of the ED of Texas
September 28, 2012
Judge Leonard Davis of the Eastern District of Texas recently ordered that a patent infringement lawsuit filed against an Indianapolis based company be transferred to the Southern District of Indiana. The lawsuit was filed following the effective date of the…
Read MoreWill the America Invents Act (AIA) Change Patent Litigation in the Eastern District of Texas?
December 15, 2011
This presentation examines whether the AIA will change patent litigation in the Eastern District of Texas. The presentation explores aspects of the AIA, including changes to joinder, Post Grant Review and Inter Partes Review and how each of these changes…
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