Litsey and Wagner Consider the Impact of America Invents Act on Litigation

In an October 16 post, PatLit, a blog covering patent litigation law, practice and strategy, asks Cal Litsey and Kevin Wagner to explain to its largely non-U.S.-based readership what the recently-enacted America Invents Act means in terms of litigation.

In their response, the Faegre & Benson lawyers argue that, given the act's staggered implementation, its short-term impact on U.S. patent litigation is likely to be minor. In the meantime, however, smaller changes relating to joinder of multiple defendants, the best mode defense, the prior commercial use defence, defences relating to inventorship, and use of opinions of counsel in litigation will change some current litigation practices. Read more.