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Tag Archives: ex parte reexamination
PTAB CBM: Versata Patent Claims Unpatentable under 35 U.S.C. § 101
On June 11, 2013, the Patent Trial and Appeal Board (PTAB) issued a decision holding claims 17 and 26-29 of Versata’s 6,553,350 patent unpatentable under 35 U.S.C. § 101. This decision arises from a petition filed on Sep. 16, 2012, in a … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, covered business methods, ex parte reexamination, Litigation, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA, reexamination generally
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, federal circuit, issued patent, litigation, motion to stay, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, PTAB, reexam, reexamination, Tim Bianchi
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A Tale of Two Patent Litigation Stays
This is a story about not one, but two stays. The first stay is a district court stay pending the outcome of a reexamination of a patent in suit. The second is an administrative (PTAB) stay of that same reexamination … Continue reading
Posted in America Invents Act, inter partes review, Litigation, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, reexamination generally, stay, stay of other administrative proceedings
Tagged Bianchi, claims, ex parte reexamination, inter partes review, IPR, issued patent, litigation, motion to stay, patent, patent litigation, patent trial and appeal board, petition, PTAB, reexam, reexamination, stay of parallel administrative action, Tim Bianchi
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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 appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, IPR, issued patent, litigation, patent, patent claims, patent litigation, patent trial and appeal board, petition, PGR, Post Grant Review, PTAB, reexam, reexamination, Tim Bianchi
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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 Bianchi, CBM, covered business method, estoppel, ex parte reexamination, issued patent, litigation, motion to stay, patent, patent claims, patent litigation, patent trial and appeal board, PTAB, reexamination, SNQ, stay, substantial new question of patentability, Tim Bianchi
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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 appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, IPR, patent, patent claims, patent reform, patent trial and appeal board, Post Grant Review, PTAB, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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Liberty Mutual Covered Business Method Patent Review Petition Tailored to Address Prior Art “Mischaracterized” During Reexamination
Liberty Mutual Insurance filed two more covered business method (CBM) patent review petitions dated September 29. The petitions both relate to U.S. Pat. No. 7,124,088 owned by Progressive Casualty Insurance, that relates to an on-line insurance policy service system as … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, correcting reexamination using post-issuance review, covered business methods, inequitable conduct, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, reexamination generally
Tagged Bianchi, CBM, claims, correcting reexamination using post issuance review, covered business method, ex parte reexamination, patent reform, PGR, reexam, reexamination, Tim Bianchi
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Preissuance Submission Final Rules Published July 17, 2012
The Patent Office has published its final rules for preissuance submissions under the AIA. A copy of the final rules can be found here (2012-16710). I briefly summarized the rule requirements in a presentation that can be found here (Preissuance Submissions … Continue reading
Posted in America Invents Act, Damages, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, past damages, Patent Reform, petitions practice, Post Grant Review, preissuance submissions by third parties, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged Bianchi, claims, damages, estoppel, ex parte reexamination, inter partes review, issued patent, litigation, narrowing, past damages, patent, patent claims, patent litigation, patent reform, PGR, post-grant review, reexam, reexamination, SNQ, substantial new question of patentability, substantive amendment, Tim Bianchi
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Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part II
In Part I of this topic, I posted some of the reasons why the Patent Office has taken the position that the broadest reasonable interpretation (BRI) standard should be used in post-grant review and inter partes review. Yet another reason for use of … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, reexamination generally
Tagged Bianchi, claims, ex parte reexamination, inter partes reexamination, issued patent, litigation, patent, patent litigation, patent reform, PGR, post-grant review, reexam, reexamination, Tim Bianchi
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Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part I
Today, USPTO Director David Kappos posted a comment advocating the use of the broadest reasonable interpretation standard (BRI) for claim interpretation in post grant review and inter partes review under the America Invents Act. This is a topic of great interest among those … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, clear and convincing evidence, Ex Parte Prosecution, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, reexamination generally, Reissue, Uncategorized
Tagged Bianchi, Board, BPAI, burden of proof, claims, clear and convincing, ex parte reexamination, inter partes reexamination, inter partes review, issued patent, litigation, Microsoft, patent, patent claims, patent litigation, patent prosecution, patent reform, patent trial and appeal board, PGR, post-grant review, preponderance of the evidence, presumption of validity, PTAB, reexam, reexamination, reissue, Tim Bianchi
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