By Kenneth R Adamo and Eugene Goryunov, Kirkland & Ellis The America Invents Act, enacted in 2011, has significantly changed the patent litigation landscape in the US. It created the Patent Trial and Appeal Board (PTAB) and three new principal post-grant review mechanisms: post-grant review (PGR), inter partes review (IPR) and covered business method review (CBMR) (collectively, PTAB trials).
By Luiz Leonardos, Gustavo Leonardos and Ana Paula Jardim, Luiz Leonardos & Advogados There is no doubt that the competitiveness of a company is directly dependent on access to the most modern technologies; and, in turn, the development of such innovative technologies is itself directly dependent on a strong and efficient patent rights protection system.
Patricia A Martone, Law Office of Patricia A Martone PC Much has been written about the America Invents Act (AIA) enacted in 2011. This article focuses on the Inter Partes Review (IPR) procedures of the AIA. These procedures, which take place in the United States Patent and Trademark Office (USPTO), are designed to provide a speedy substitute for district court determinations of prior art validity challenges.
By Nicola Dagg, Allen & Overy, and Astrid Arnold, Peerpoint There can be no doubt that business confidence in the European unitary patent project is growing as the new Unified Patent Court moves towards go-live in early 2017. Recent surveys suggest that a majority of patent-heavy companies expect the new European unitary patents to make up all or most of their future filings, and many companies are expressing an intention to use the new court system from the outset – at least in relation to some of their European patents.
By Rachel Mumby and Alan Johnson, Bristows On the day that the Agreement on a Unified Patent Court (UPCA) comes into force, all designations of existing European patents validated in countries that have ratified the UPCA will, by default, become subject to the jurisdiction of the new court. Absent any last-minute glitches – notably a possible vote for Brexit – this is expected to happen in spring 2017. However, during the few months leading up to this happening (the “sunrise period”), it will be possible for patentees to request that any of their existing European patents be opted out of the new system. We look at the process for deciding and implementing an opt-out strategy, and encourage our readers to start the process immediately in order to be ready for the sunrise period and ultimately for the new court.
Who’s Who Legal brings together Ella Cheong of Ella Cheong Law Office, Liz Cohen of Bristows and Kenneth Adamo of Kirkland & Ellis to discuss issues facing patents lawyers and their clients in the industry today.
By Tricia Hobson of Norton Rose Fulbright Neither insurers nor lawyers have traditionally been considered innovators. Indeed, it has been said that the only thing insurance and innovation have in common is their place in the dictionary. But this is no longer true. The insurance industry is rapidly evolving in order to adapt to advances in technology. Phrases such as “data breaches”, “the sharing economy” and “autonomous vehicles” have now entered the general lexicon, and insurers are grappling with how to assess and quantify risks never previously encountered
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.