Federal Circuit Declines to Clarify Secret Sales Under § 102
In December of last year, we wrote about the interpretation of “otherwise available to the public” as was being litigated…
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Post-Halo Enhanced Damages
Timing and Type of Validity/Non-Infringement Opinion Can Be Relevant The weight a court will give an opinion of counsel as…
Constitutionality of AIA Will be Reviewed by Supreme Court
Earlier today, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, which…
USPTO to Replace EFS and PAIR
As part of its efforts to modernize and improve the patent filing system, the USPTO presented an overview of the…
Willful Infringement and Enhanced Damages, following Halo
In Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the United States Supreme Court held that the…
Is "Otherwise Available to the Public" a New Category of Prior Art or a New Catchall Provision?
Under the AIA, 35 U.S.C. § 102 was modified to define various categories of prior art appearing before the effective…