Federal Circuit Clarifies Definition of “On-Sale” Bar to Patentability

June 22, 2017

The Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013, and included various changes to the definition of “prior art” under 35 U.S.C. § 102. One of the changes includes a new definition of the “on-sale” bar to patentability. However, the precise meaning of the new definition remained unclear, with patent scholars speculating […]

Mikhael Mikhalev

Kevin J. Huser

The Supreme Court’s Decision in TC Heartland LLC v. Kraft Foods Group Brands LLC Limits Venue in Patent Cases

May 23, 2017

By Parrish Freeman* The Supreme Court issued a unanimous 8-0 decision this week in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) (Justice Gorsuch did not participate). The decision returns patent venue law for domestic corporate defendants to its pre-1990 state, holding that “resides” in 28 U.S.C. §1400(b) (the patent […]

R. Parrish Freeman

Kicking the IP “Tires” of Your New Acquisition

May 10, 2017

Acquisition of a company can be driven by many different objectives. Access to tangible property, such as equipment, new facilities, inventory, can all be motivating factors. More often than not, however, the desire to acquire a company is driven by an objective to gain access to intangible property, such as employee expertise and intellectual property […]

Eric L. Maschoff