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Expert Analysis

Due Diligence After AIA Is No Longer Business As Usual

Law360, New York (June 21, 2013, 12:41 PM EDT) -- Merger and acquisition decisions are rife with intellectual property implications. Accurate valuation requires assessment of any rights to be acquired as well as assessment of commercial operations in view of the rights of competitors. With the recently implemented Leahy-Smith America Invents Act, today there are many new questions to ask when performing this due diligence. March 16, 2013, marked one of the biggest changes to U.S. patent law in decades — patents are no longer awarded to the first to invent something, but to the first inventor to file a patent application covering it....

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