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by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. Minerva Surgical, Inc. It was also pitched to a potential acquirer.
patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 1952. 102(a)(1) now reads: A person shall be entitled to a patent unless. (a)(1) Continue reading this post on Patently-O. My bet is on the precedent.
Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Sanho Corp. 2023-1336 (Fed. July 31, 2024). .”
As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. DMF sued ELCO Lighting in 2018 for infringing DMF’s U.S. 9,964,266.
Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? A person shall be entitled to a patent unless —. (a) Duncan Parking Techs.,
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