January 31, 2019

One of the most significant changes of the America Invents Act ("AIA") was the change to the novelty requirements under 35 USC 102.  Since its enactment, most practitioners interpreted 102 as allowing for a 1-year grace period for both disclosures and commercial activities of the inventor.  A Supreme Court decision last week has created uncertainty for th...

August 8, 2017

35 U.S.C. 289 provides a "additional remedy" for infringement of a US design patent:  the total profits from the sale of the infringing "article of manufacture."  Last December, the Supreme Court overturned decades of caselaw in which courts had uniformly concluded the "article of manufacture" was always the entire infringing product, as sold by the infri...

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