The Prior Use Defense Under AIA

Law360, New York (November 9, 2011, 12:06 PM EST) -- Imagine your company is sued for patent infringement and you learn that the accused technology has been in use by your company for years prior to the filing of the patent application. Until recently, prior use of the patented technology was not an independent defense to patent infringement and your company could be held liable.

The America Invents Act has changed that situation by creating a broad prior use defense. This defense will give companies a powerful tool to combat patent infringement claims, provided that they...
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