Attorney Robert Greene Sterne discusses a critical topic in the current patent office litigation landscape -- claim amendments in post-grant proceedings after the America Invents Act.
Mr. Sterne has played a role in groundbreaking, precedent-setting case law. Most recently, he served as co-counsel in KSR International Co. v. Teleflex, Inc., one of the most significant patent cases heard by the Supreme Court in 40 years. The case addressed the fundamental question of when an invention is “obvious” and therefore not patentable. Since the Court's decision in April 2007, Mr. Sterne has been sought by the media and fellow practitioners to provide analysis and insight on the implications of the ruling on patent law and innovation. Additionally, he was the lead attorney in In re Beauregard, 53 F3d 1583,35 USPQ2d 1383 (Fed. Cir. 1995). This groundbreaking case was brought by IBM at the Federal Circuit to establish that a computer program on a disk was patentable subject matter. The case resulted in the United States Patent and Trademark Office issuing new proposed software patent guidelines which expanded the scope of patent protection for software. He was counsel for appellants in In re Jung et al, before the Federal Circuit, which involves the prima facie anticipation requirement in patent prosecution.