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Tag Archives: claims
Federal Circuit’s Aqua Products Decision Clarifies Burden on IPR Petitioner to Challenge Amended Claims
On October 4, 2017, the Federal Circuit issued a lengthy decision in Aqua Products v. Matal, spanning five opinions and 148 pages, which addressed the proper allocation of the burden of proof when amended claims are offered during inter partes review proceedings (“IPRs”). Aqua Prods. v. … Continue reading
Posted in Adjudicative instead of examinatorial, Broadest Reasonable Interpretation standard, claim challenges, estoppel from administrative proceeding, Federal Circuit Review of PTAB Proceedings, Motion to Amend, preponderance of evidence, reexamination generally, Settlements in Post-Grant Proceedings, Termination of Post-Grant Proceedings
Tagged appeal, Bianchi, claims, en banc review, ex parte prosecution, ex parte reexamination, federal circuit, inter partes review, IPR, issued patent, litigation, Motion to Amend, past damages, patent, patent claims, patent litigation, patent trial and appeal board, PGR, post-grant review, PTAB, reexamination, reissue, Tim Bianchi
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PTAB Narrows Its Preliminary Claim Interpretation To Uphold Cellular Patent
In July, 2014 Ericsson Inc. and Telefonaktiebolaget LM Ericsson (“Ericsson”) petitioned for inter partes review of claims 1, 2, 8-12 and 18-22 of U.S. Patent No. 7,787,431 owned by Intellectual Ventures II LLC (“IV”). In February, 2015, the Board instituted … Continue reading
Posted in Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Expert Witnesses, inter partes review, prior art, PTAB, Uncategorized
Tagged Bianchi, claims, inter partes review, IPR, patent claims, patent trial and appeal board, preponderance of the evidence, PTAB, Tim Bianchi
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Supreme Court’s Stryker/Halo Decision Makes it Easier for Courts to Award Enhanced Damages In Patent Infringement Cases
The recent Supreme Court decisions in the Stryker and Halo cases just made it easier for courts to award enhanced damages in patent infringement cases, discarding Seagate’s “objective recklessness” test. The Seagate Test In 2007, the Federal Circuit announced a test for enhanced … Continue reading
Federal Circuit Reinforces PTAB’s Authority to Institute Trial on Selected Claims in Synopsis v. Mentor Graphics Appeal
Newcomers to post-grant proceedings are often surprised by the PTAB’s claim-by-claim approach to patent challenges under the America Invents Act. When reporting statistics about IPRs, commentators tend to ignore these considerations: First, an IPR petition can be drafted to challenge all or some … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, clear and convincing evidence, doctrine of claim differentiation, Uncategorized
Tagged appeal, Bianchi, CBM, claims, damages, federal circuit, inter partes review, IPR, issued patent, patent claims, patent litigation, patent prosecution, patent reform, PGR, Post Grant Review, post-grant review, reexam, reexamination, reissue, Tim Bianchi
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Are Your Patent Procurement Guidelines Outdated?
I saw a bumper sticker that said: “Change is inevitable, but growth is optional.” This is true in many facets of life, and it is true for patent practice. The changes of the past few years are numerous and … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, Litigation, Post Grant Review, PTAB Patent Trials
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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In re Cuozzo Speed Technologies: Federal Circuit Affirms Board Finding of Unpatentability in First IPR
The Federal Circuit affirmed the final determination of the Board in the first inter partes review under the Leahy-Smith America Invents Act (AIA). Garmin petitioned for IPR of claims 10, 14 and 17 of U.S. Patent No. 6,778,074 owned by Cuozzo … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Federal Circuit, inter partes review, Mandamus Actions in the Federal Circuit, prior art, PTAB Patent Trials, reexamination generally
Tagged appeal, Bianchi, claims, ex parte reexamination, federal circuit, inter partes review, IPR, litigation, patent, patent claims, patent litigation, patent trial and appeal board, PTAB, reexamination, Tim Bianchi
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SAP’s Cert Petition Denied by Supreme Court in Versata Patent Infringement Suit
In earlier posts, I described the $391 million patent infringement judgment awarded to Versata for SAP’s alleged infringement of US Pat. 6,553,350. I also detailed SAP’s attempts to avoid the judgment by challenging the ‘350 patent in the first covered business … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, Litigation, patent-eligible subject matter, petitions practice, Post Grant Review, software patents, Uncategorized
Tagged appeal, Bianchi, CBM, claims, covered business method, damages, federal circuit, issued patent, litigation, patent litigation, patent trial and appeal board, PGR, Post Grant Review, PTAB, stay, Supreme Court, Tim Bianchi
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Patent Office Board Takes a Bite out of Apple’s IPR Challenge of VirnetX Patents
In mid-2013 Apple filed seven inter partes review petitions to challenge four VirnetX patents. Recently, the Patent Trial and Appeal Board (the Board) denied all seven inter partes review (IPR) petitions. This outcome demonstrates the Board’s current interpretation of the one-year bar … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, motion practice, PTAB, rehearing request, Termination of Post-Grant Proceedings
Tagged Bianchi, claims, inter partes review, IPR, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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Joint Motions to Terminate Patent Reviews Late in Trial Proceedings
One of the advantages of patent reviews under the America Invents Act is that the parties may settle before completion of the proceedings and file a joint motion to terminate these proceedings. The Patent Trial and Appeal Board (PTAB or … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Post Grant Review, PTAB, PTAB Patent Trials, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, inter partes reexamination, inter partes review, IPR, patent, patent claims, patent trial and appeal board, PGR, Post Grant Review, PTAB, Tim Bianchi
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