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Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. The application was filed in 2011, but back in 2009 Minerva had been doing testing on a prototype “Aurora device” that included inner/outer frames made of two different types of steel. Microsoft Corp. ,
patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 1952. a)(1) the claimed invention was patented, described in a printed publication, or in publicuse, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither publicuses nor private sales satisfy this requirement. 35 U.S.C. §
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. ” 35 U.S.C.
Under the AIA : Section 102 was substantially rewritten in the Leahy-Smith America Invents Act of 2011. Note – the case has a few other interesting and important procedural aspects that I’m not covering in this post. = = =. The revised provisions no longer consider the date-of-invention as relevant. a) Novelty; Prior Art.—A
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