IP Blog

America Invents Act

On-Sale Bar and the AIA: New Language, Same Meaning

Despite a change in statutory language, the applicability of the on-sale bar to pursuing patent rights under the America Invents Act (AIA) is unchanged from prior law, said the Federal Circuit in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. Here, the Federal Circuit held that the on-sale bar of the AIA applies to commercial sales regardless of whether the...

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PTAB: Internet Advertising Patent Not Subject to CBM Review

The PTAB has denied Google’s petition for Covered Business Method (CBM) review of an Internet advertising patent, finding that Google failed to show that the patent is directed to “performing data processing or other operations used in the practice, administration, or management of a financial product or service.” Google Inc. v. KlausTech, Inc., Case CBM2016-00096 (PTAB February 27, 2017).  Accordingly,...

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