Insights into The America Invents Act




About the Course:

The America Invents Act is the broadest sweeping legislation to impact the world of patenting in decades. The implications of the AIA will reverberate throughout patent drafting, prosecution, licensing and litigation.

Our speakers discuss how the AIA will affect prior art searches, interference proceedings, recordation requirements for researchers and the imperative for obtaining opinion letters. This session explains how the AIA will impact patent quality, filing fees, post-issuance patent challenges and assertion efforts by non-practicing entities.

The following are among the issues discussed during this webinar:

  • The ramifications of the shift from first-to-invent to first-to-file
  • How expanded post-issuance patent challenges will impact patent quality
  • The extent to which prior user rights will affect patent filings
  • The extent to which patent filing fees will be affected by the AIA
  • The ability to seek expedited examination and related fees
  • How supplemental examination may inoculate patents against charges of inequitable conduct
  • What are the remnants of best mode requirements
  • The near evisceration of false marketing charges
  • The extent to which the AIA has harmonized willful infringement with prevailing case law
  • The rising bar for joining of unrelated defendants in litigation
  • How the AIA expands relief from business methods patents

Course LeadersKevin R. Spivak, Of Counsel, Greenblum & Bernstein P.L.C.

Kevin R. Spivak joined the firm in 2011. Prior to joining the firm, Mr. Spivak was with general practice and intellectual property boutique firms in Washington, D.C. and Virginia. Before completing law school, Mr. Spivak also served as a Patent Examiner in the U.S. Patent and Trademark Office, where he examined patent applications in computer-related technologies. Mr. Spivak prepares and prosecutes patent applications in the electrical, software and telecommunications arts as a member of the firm’s patent procurement practice group. Mr. Spivak also prepares infringement and validity opinions as a member of the client counseling, licensing and technology transfer practice group. Mr. Spivak also assists the firm’s litigation and trial practice group in pre-trial matters and appeals.

P. Branko Pejic, Attorney, Greenblum & Bernstein, P.L.C.

Mr. Pejic is a litigator in the firm’s litigation and trial practice group, in which he participates extensively in all aspects of fact, damages and expert discovery, and pre-trial and trial preparation. Mr. Pejic is also a member of the firm’s client counseling, licensing and technology transfer practice group, in which his responsibilities include preparing infringement and validity opinions and supervising activities relating to licensing programs. Mr. Pejic’s practice involves pharmaceuticals, food additives, camera components, medical devices, computer hardware and software, industrial machinery, and industry standards such as JPEG and MPEG.

Course Length: Approx. 1.5 hours


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