Robert L Maier

Robert L Maier

August 07, 2018 | New York Law Journal

Supreme Court Set to Tackle 'Secret' Patented Sales Under AIA

In his Intellectual Property column, Robert L. Maier discusses 'Helsinn Healthcare v. Teva Pharmaceuticals USA,' in which the U.S. Supreme Court will address the scope and impact of the 'on sale bar' of the patent statute as it applies under the America Invents Act.

By Robert L. Maier

2 minute read

May 22, 2018 | New York Law Journal

Supreme Court Upholds Constitutionality of 'Patent Death Squads'

In 2011, President Barack Obama signed into law the Leahy-Smith America Invents Act, which brought the most sweeping change to American patent laws since the 1952 Patent Act.

By Robert L. Maier

7 minute read

January 23, 2018 | New York Law Journal

The 'TC Heartland' Reshuffling of Patent Cases Continues

Patent and Trademark Law columnist Robert L. Maier writes: The Supreme Court's May 2017 decision in 'TC Heartland v. Kraft Foods Group Brands' reshaped the patent litigation landscape in the United States—now more evenly dispersing patent cases across courts nationwide. But courts continue to grapple with questions spawned by that decision, including as to whether it constituted a change in the law that could permit defendants in now-pending cases to raise new venue objections, even if they had not done so before.

By Robert L. Maier

9 minute read

November 21, 2017 | New York Law Journal

Will Any Software Patents Survive?

In his Patent and Trademark Law column, Robert L. Maier writes: In recent weeks, the Federal Circuit has continued to affirm district court decisions finding software-related patents invalid for failure to meet the patentable subject matter requirement of 35 U.S.C. §101. At the same time, a petition for certiorari to the Supreme Court was filed seeking to challenge the availability of this very defense—a petition that, if heard by the Supreme Court, could have dramatic implications for U.S. patent litigation.

By Robert L. Maier

9 minute read

January 12, 2004 | New Jersey Law Journal

Recent Upswing in E-Patent Litigation Likely to Continue

By Neil P. Sirota and Robert L. Maier

11 minute read

December 18, 2003 | Law.com

Recent Upswing in E-Patent Litigation Likely to Continue

In an economic downturn, corporations often turn to their patents to supplement their revenues. Internet patent litigation follows a modified paradigm, particularly because of the uncertain enforceability of Internet patents. Recent trends in the economy, the courts and the general perception of Internet patents could lead to a revival of patent litigation, as businesses that endured the Internet bubble clamor for space in a crowded market.

By Neil P. Sirota and Robert L. Maier

12 minute read