ARE Patent Law Alert:
SUPREME COURT HOLDS CONFIDENTIAL SALES ARE PRIOR ART UNDER THE AIA

On January 22, 2018, in a unanimous opinion penned by Supreme Court Justice Clarence Thomas, the United States Supreme Court affirmed the United States Court of Appeals for the Federal Circuit’s decision holding that a commercial sale to a third party who is required to keep the invention confidential may place the invention “on sale” […]

Is the Presumption of Validity Dead in Substitute Claims Issued as a Result of Motions to Amend After PTAB Proceedings?

INTRODUCTION Under Section 282 of the Patent Act of 1952, “[a] patent shall be presumed valid” and “[t]he burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.” 35 U.S.C. § 282 (2018). As Judge Rich, one of the authors of the 1952 Patent Act explained, […]