Category Archives: Patent Reform

Progressive Casualty Litigation Stayed Pending Outcome of Liberty Mutual CBMs

Progressive Casualty Insurance Co. sued different insurance companies for patent infringement of 5 of its patents in 2010-2012 in the Northern District of Ohio.  (Cases 1:10CV01370 and 1:11CV00082 against Safeco; Case 1:12CV01068 against State Farm; and Case 1:12CV01070 against Hartford.) … Continue reading

Posted in America Invents Act, claim challenges, covered business methods, estoppel, estoppel from administrative proceeding, factors for stay, indefiniteness, Litigation, Patent Reform, patent-eligible subject matter, Post Grant Review, PTAB, PTAB Patent Trials, reexamination generally, statutory subject matter, stay, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

PTAB IPR Petition Joinder Practice Gains Momentum

Suppose a patent owner files suit and the defendant wants to file an AIA post-grant proceeding to challenge the validity of the patent.  Suppose further that the post-grant challenge is an inter partes review (IPR) filed by the defendant within … Continue reading

Posted in America Invents Act, Joinder of AIA Proceedings, motion practice, Patent Reform, PTAB, Uncategorized | Tagged , , , , , , , , , , , , , | 3 Comments

AIA Patent Trials Differ from Reexamination

In the past few months, I have had discussions with many different stakeholders about how AIA post-grant review differs from conventional reexamination.  AIA patent trials (post-grant review or PGR, inter partes review or IPR, and covered business method patent review … Continue reading

Posted in America Invents Act, covered business methods, estoppel, estoppel, ex parte reexamination, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, pro hac vice admission, PTAB, PTAB Patent Trials, reexamination generally, reexamination pendency, Special Dispatch, Substantial New Question (SNQ), Uncategorized | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

Exhibits for SAP v. Versata PTAB Trial on Wednesday

One of the benefits of the PTAB’s PRPS system that the materials for each trial are accessible online when filed by the parties (unless designated as protected materials).  If you intend to listen in on the SAP v. Versata PTAB … Continue reading

Posted in covered business methods, Litigation, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, PTO Sued Under the APA, Uncategorized | Tagged , , , , , , , , , , , , , , , | 1 Comment

Petitions to PTAB at Three Months into AIA Post-Grant Patent Trials

This blog post is at three months past September 16, 2012, the date upon which the PTAB began accepting petitions for inter partes review and covered business method patent review under the America Invents Act.  Considering that there are about 15 CBM … Continue reading

Posted in America Invents Act, covered business methods, inter partes review, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, Uncategorized | Tagged , , , , , , , , , , | Leave a comment

PTAB Provides Convenient Access to Instructive Orders, Notices, and Decisions

The Patent Trial and Appeals Board has provided a web page that compiles instructive orders, notices, and decisions.  This is a handy reference site for practitioners to learn from decisions made in various covered business method (CBM), inter partes reviews … Continue reading

Posted in America Invents Act, covered business methods, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials | Tagged , , , , , , , , , , , , , | Comments Off on PTAB Provides Convenient Access to Instructive Orders, Notices, and Decisions

Pro Hac Vice Admission Challenge to Test Extent of Participation of Litigation Team Member with Knowledge under Protective Order in Covered Business Method Patent Review

In the first covered business-method patent review ever filed (CBM2012-000001), SAP America and Versata Development Group are in a dispute as to whether a litigation attorney for Versata should be admitted pro hac vice in the PTAB trial. Apparently there … Continue reading

Posted in America Invents Act, Claim Construction, covered business methods, Litigation, Patent Reform, Post Grant Review, Prosecution Bar, PTAB, reexamination generally, Uncategorized | Tagged , , , , , , , , , , , , , , | Leave a comment

Patent Challenger Seeks PTAB Jurisdiction over “Involved” Pending Applications

The AIA provides new post-issuance proceedings to challenge issued patents.  But can these challenges be used to stop related pending patent prosecution dead in its tracks?  One recent inter partes review petition requests just that and time will tell whether … Continue reading

Posted in America Invents Act, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, motion practice, Patent Reform, PTAB | Tagged , , , , , , , , , , , , , , , | Leave a comment

Steady Stream of AIA Post-Issuance Review Petitions Filed in PTAB

It has been a little over one month since post grant patent reviews were authorized by the AIA and the Patent Office Patent Review Processing System (PRPS) shows about 47 petitions on file in the PTAB. Look at it this … Continue reading

Posted in America Invents Act, covered business methods, estoppel, estoppel from administrative proceeding, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, reexamination generally, Uncategorized | Tagged , , , , , , , , , , , | Leave a comment

PTAB PRPS Trials Portal Gets Software Improvements

The PTAB PRPS Trials Portal just got better.  If you login to the system (depending on what browser you are using), you will see that PRPS now provides much better access to all public documents in each case.  This upgrade … Continue reading

Posted in America Invents Act, covered business methods, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB | Tagged , , , , , , , , , , , | Leave a comment