Tag Archives: appeal

SAP Files Ex Parte Reexamination Request using Prior Art from Ongoing Litigations

As you may recall from earlier posts, on September 16, 2012, SAP filed a petition for review of U.S. Pat. No. 6,553,350 to begin the first covered business method patent review (CBM2012-00001) under the America Invents Act.  To advance its PTAB … Continue reading

Posted in America Invents Act, claim challenges, covered business methods, Litigation, patent-eligible subject matter, Post Grant Review, prior art, PTAB, PTAB Patent Trials, reexamination generally, reexamination pendency, Special Dispatch | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Federal Circuit Appeal Decision in Versata Software v. SAP

A detailed discussion of the Versata v. SAP litigation and a timeline was provided in my earlier post.  I reported that there are three actions related to this dispute:  one in the PTAB, one in the Eastern District of Virginia, … Continue reading

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

Early PTAB Orders Demonstrate Differences Between AIA Patent Trials and District Court Trials

Patent practitioners are still absorbing some of the differences and advantages that are unique to litigation in the PTAB as opposed to district court litigation.  For example, PTAB proceedings only decide questions of validity and are not directed to rule … Continue reading

Posted in America Invents Act, claim challenges, Claim Construction, clear and convincing evidence, estoppel, inter partes review, Litigation, preponderance of evidence, PTAB, PTAB Patent Trials, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

PTAB Publishes Trial Transcript from First Covered Business Method Patent Review

On April 17, 2013 the PTAB heard oral arguments in the first covered business method patent review between SAP and Versata.  SAP challenged the validity of Versata’s U.S. Patent No. 6,553,350 in the PTAB under 35 U.S.C. § 101.  My … Continue reading

Posted in claim challenges, covered business methods, Litigation, patent-eligible subject matter, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA, Uncategorized | Tagged , , , , , , , , , , , , , , , | Leave a comment

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

Petitioner Allowed to Submit Supplemental Information After Institution of CBM PTAB Trial

In Interthinx, Inc. v. Corelogic Solutions, LLC (CBM2012-000007), the Petitioner (Interthinx) was allowed to submit supplemental information under 37 C.F.R. § 42.223 after trial was instituted in this covered business method patent review (CBM).  Trial was instituted by the PTAB … Continue reading

Posted in America Invents Act, covered business methods, Litigation, Post Grant Review, PTAB, PTAB Patent Trials, Uncategorized | Tagged , , , , , , , , , , , , , | Leave a 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

SAP v. Versata: First Covered Business Method PTAB Trial Tests New AIA Trial Provisions

The first ever covered business method patent review stems from a patent litigation between Versata and SAP over two Versata patents relating to pricing products in mulitlevel product and organizational groups.  The district court action began in 2007 when Versata … Continue reading

Posted in America Invents Act, claim challenges, covered business methods, indefiniteness, Litigation, patent-eligible subject matter, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA, statutory subject matter, Uncategorized | Tagged , , , , , , , , , , , , , , , | 1 Comment

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

Parallel Litigation and PTAB Review Create Complex Interplay of Patentability and Validity

A company called CoreLogic Solutions, LLC owns U.S. Patent No. 5,361,201, relating to a process for appraising real estate property.  The ‘201 patent was filed on Oct. 19, 1992 and issued on Nov. 1, 1994.  Absent some kind of patent term extension, the ‘201 … Continue reading

Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, clear and convincing evidence, covered business methods, indefiniteness, Litigation, motion practice, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, statutory subject matter | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment