By Stephen C. Hall
This is part two of a three-part series on written description requirements and the developing case law under the America Invents Act (AIA).
The previous post in this series introduced the potential litigation hurdle – or, opportunity, depending on one’s perspective – involving the requirement that a “parent” patent application must satisfy the written description requirement with respect to claims of a later-filed “child” application. While this requirement is well established under U.S. patent law, the interaction between the written description requirement and the AIA is a new wrinkle.
An AIA “transitional application” is one filed after March 16, 2013, which claims the effective filing date of an application filed on or before March 16, 2013. If such a priority claim is justifiable, then Continue reading
By Stephen C. Hall
This is part one of a three-part series on written description requirements and the developing case law under the America Invents Act (AIA).
It happens regularly in patent litigation: a patentee asserts a patent that arose from a child application, the child application claims priority to an application filed years before, and the development of prior art in the intervening years affects the outcome of the litigation. In various cases, the outcomes (along with millions of dollars in damages) have hinged on the teachings of a parent application.
One such case involved the alleged infringement of Continue reading
By Will Gibbons
Recently, I wrote a column titled “Legislation could hurt songwriters, listeners” for The Commercial Appeal. In this piece, a Special to the news publication, I discuss the possible implications of the Songwriter Equity Act, a bill under consideration in Congress.
Read the article in its entirety here.
By Carl Eppler
I recently wrote an analysis of the Washington Redskins trademark case that was published in the Nashville Post. The article, “Analysis: The Washington Redskins trademark case – landmark decision or momentary legal fracas?” examines the controversial case, and explains the legal process and implications of the ruling.
Click here to read the full article.