AIA: Expanding "Prior User" Rights
Under current law, an accused patent infringer may offer a “prior user” defense when the patent in question is related to doing or conducting business (i.e., “business methods”) and the accused infringer used the invention but never filed a patent application for it. If the same invention is later patented by another person, the accused infringer may not be liable for infringement to the new patent holder, although all others may be. In passing the America Invents Act (AIA), Congress found that the prior user provisions of the earlier law were particularly important to high-tech businesses that prefer not to patent every process or method that is part of their commercial operations. When the new law becomes effective, the prior user defense may be asserted in limited situations against any patent, not just method patents.
.png)
The top 2011 Maryland Innovator of the Year award was presented to Jeff Walker of 
