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President Obama signed the America Invents Act into law on Friday, September 16th. The act makes several significant changes, including scrapping the first to invent system in favor of a first to file system, imposing surcharges on filing, modifying certain litigation and reexamination practices, and curtailing litigation based on false patent marking.
After many years of confusion, the Supreme Court has agreed to review a lawsuit addressing the standard of intent required for inducement of infringement. This pivotal case may resolve once and for all whether a party must intend to infringe a patent in order to be liable, or whether it is sufficient to be aware of the possibility of infringement by third parties.
In a closely-watched case, the Ninth Circuit Court of Appeals has ruled that the resale of software may not be insulated by the first sale doctrine.