Supreme Court to Hear Case on AIA “Secret Sales.”

What is the America Invents Act (AIA)? The path to patentability has many obstacles, and inventors’ own actions sometimes stand in the way of the U.S. Patent and Trademark Office (USPTO) granting a patent for their invention. In determining patentability, the USPTO compares a proposed invention to prior art—relevant existing inventions. The Smith-Leahy America Invents Act (AIA) was enacted in 2011, shifting the patent process from a “first to invent” to a “first.. Read More

Oracle v. Google and the Brain Teaser of API Copyright Protection

Since the beginning of the digital revolution, copyright law has had to adapt to the advent of new technologies and their impact on the world of creation. Software protection, mainly, raised a lot of issues that still fuel the judicial debate. Indeed, while it is well established that software can be copyrighted as literary works, the extent of the protection keeps on raising questions. In early cases, courts recognized the copyrightability of original.. Read More

Appeals from PTAB to the Federal Circuit: Injury-In-Fact Standing Requirement

There is a long-awaited clarification with regards to the question of whether a petitioner could appeal an adverse decision in an inter partes review (“IPR”) proceeding in the Patent Trials and Appeals Board (“PTAB”) to the Federal Circuit. There is a pending case at the Supreme Court, RPX Corp. v. ChanBond. The patent community is waiting to see whether the Supreme Court will grant certiorari in RPX Corp, which raises this exact question. In.. Read More

The Federal Circuit Weighs in on CRISPR

Gene editing was once quite difficult.  Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade ago, the process consumed unsustainably large amounts unlucky graduate students’ time and effort.  In 2012, a groundbreaking paper from the group led by Dr. Jennifer Doudna at the University of California demonstrated that the bacterial immune protein CRISPR Cas-9 could revolutionize gene editing… Read More