Michael R Fleming

March 20, 2017 | Corporate Counsel

New legislative and court-driven developments in patent law have increased the risk of securities fraud liability for public company patent owners. Such patent owners and their securities counsel are therefore best advised to understand these developments, their intersection with securities law, and how they may affect some public disclosures.

By Michael R. Fleming, Glenn K. Vanzura and William K. Briggs

10 minute read

January 07, 2014 | Inside Counsel

The AIA would, Congress hoped, shift the task of addressing patent quality back to the USPTO where it arguably belonged. If a recent Federal Circuit ruling is any guide, this seems to be happening.

By Michael R. Fleming

5 minute read

December 17, 2013 | Inside Counsel

Perhaps the greatest benefit of the new America Invents Act post-grant proceedings for both patent owners and challengers is that they are heard by the Patent Trial and Appeal Board.

By Michael R. Fleming

9 minute read

December 03, 2013 | Inside Counsel

Congress has built several safeguards for patent owners into the AIA that can raise to fend off a post-grant proceeding.

By Michael R. Fleming

10 minute read

November 19, 2013 | Inside Counsel

We will have to wait to see if the courts will adopt the legislative history interpretation for reasonably could have raised for PGR and IPR estoppels.

By Michael R. Fleming

9 minute read

November 05, 2013 | Inside Counsel

The provisions of the AIA discussed inside provide a significantly quicker and cheaper means of challenging patent validity through post-grant review.

By Michael R. Fleming

5 minute read

October 22, 2013 | Inside Counsel

The United States Patent Office is already addressing the issues raised by the GAO report as it carries out aspects of the AIA.

By Michael R. Fleming

3 minute read