Tag Archives: issued patent

Are Your Patent Procurement Guidelines Outdated?

Posted on May 3, 2015 by Tim Bianchi

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 | Leave a comment

Unified Patents’ Institution Decision Gives Insight to PTAB’s Real Party in Interest Analysis

Posted on February 16, 2015 by Tim Bianchi

Those watching decisions from the Patent Trial and Appeal Board (PTAB or Board) have observed a trend where a patent owner challenges an IPR petition based on alleged defects in the petition’s identification of real parties in interest (RPI) to the … Continue reading →

Posted in 315(b) One Year Bar, America Invents Act, Correction of Petition After Bar, estoppel, inter partes review, PTAB | Tagged Bianchi, compensation, control, In re Guan, inter partes review, IPR, issued patent, litigation, patent, patent claims, patent trial and appeal board, PTAB, real party in interest, RPI, Tim Bianchi | Leave a comment

Target Wins Rehearing of IPR Joinder Decision with Expanded Panel

Posted on February 13, 2015 by Tim Bianchi

Last fall, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to require joinder requests by a non-party to an ongoing proceeding. (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and IPR2014-00509.) Prior to that decision, the Board … Continue reading →

Posted in America Invents Act, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Joinder Post AIA, Mandamus Actions in the Federal Circuit, PTAB, PTAB Patent Trials | Tagged 314(d), 315(c), Bianchi, federal circuit, In re Cuozzo, inter partes review, IPR, issue joinder, issued patent, party joinder, patent, patent reform, patent trial and appeal board, Post Grant Review, PTAB, Tim Bianchi | Leave a comment

Patent Board Denies First Data Corp. IPR Petitions Based on Real Party In Interest and One-Year Bar

Posted on October 21, 2014 by Tim Bianchi

October 21, 2014 In 2013, Cardsoft, LLC (Patent Owner) sued First Data Corp. (Petitioner) and First Data Merchant Services Corp. for patent infringement in the Eastern District of Texas, serving its complaint on May 2, 2013. (Cardsoft (Assignment for the Benefit … Continue reading →

Posted in 315(b) One Year Bar, Correction of Petition After Bar, Indemnification, inter partes review, Litigation, PTAB Patent Trials | Tagged 35 USC 315(b), Bianchi, control, funding of IPR, indemnification, inter partes review, IPR, issued patent, litigation, patent, patent trial and appeal board, petition correction after bar, PTAB, real party in interest, Tim Bianchi | 1 Comment

Target Corp. Requests Rehearing of Denied IPRs by Expanded PTAB Panel

Posted on October 17, 2014 by Tim Bianchi

October 17, 2014 Last month, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to preclude joinder requests by an existing party to an ongoing proceeding. (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and … Continue reading →

Posted in America Invents Act, Future of PTAB Trial Practice, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Litigation, Patent Reform, PTAB, PTAB Patent Trials | Tagged Bianchi, Board, inter partes review, IPR, issue joinder, issued patent, party joinder, patent, patent litigation, patent reform, patent trial and appeal board, PTAB, Tim Bianchi, § 315(c) | Leave a comment

Lex Machina’s 2013 Patent Litigation Report Shows Disparity Between Litigated Patents and those under PTAB Review

Posted on May 14, 2014 by Tim Bianchi

Litigation and post-grant proceedings often go hand-in-hand. A new litigation report published by Lex Machina summarizes patent litigation data for 2013 and prior years. It is an interesting report and very easy to digest. Two findings caught my eye. The first one … Continue reading →

Posted in America Invents Act, covered business methods, Future of PTAB Trial Practice, inter partes review, Joinder Post AIA, Litigation, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials | Tagged Bianchi, CBM, covered business method, inter partes review, IPR, issued patent, litigation, patent litigation, patent reform, patent trial and appeal board, Post Grant Review, PTAB, Tim Bianchi | Leave a comment

SAP’s Cert Petition Denied by Supreme Court in Versata Patent Infringement Suit

Posted on January 23, 2014 by Tim Bianchi

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 | Leave a comment

Litigation Defendants Cannot Rely on Joinder to Avoid Timing Requirements of Inter Partes Reviews

Posted on December 24, 2013 by Tim Bianchi

In my last post, we explored the interplay of the one-year bar under 35 U.S.C. § 315(b) and joinder in inter partes review (IPR) proceedings. That case involved a Petitioner who could not have filed an IPR petition prior to the … Continue reading →

Posted in 315(b) One Year Bar, America Invents Act, inter partes review, Joinder of AIA Proceedings, PTAB, PTAB Patent Trials | Tagged 315(b), Bianchi, institution of trial, inter partes review, IPR, issued patent, Joinder, one year bar, patent claims, PTAB, Tim Bianchi | Leave a comment

Parties Terminate CBM Before They Settle Dispute to Avoid PTAB Decision

Posted on October 14, 2013 by Tim Bianchi

In January of 2013, EZ Shield , Inc sued Harland Clarke Corp. for infringement of U.S. Pat. 8,346,637. The ‘637 patent relates to a system for reimbursement of consumers for losses incurred for specific forms of check fraud. In April … Continue reading →

Posted in America Invents Act, covered business methods, Litigation, Post Grant Review, PTAB, PTAB Patent Trials, reexamination generally, Termination of Post-Grant Proceedings | Tagged Bianchi, CBM, covered business method, ex parte reexamination, issued patent, litigation, motion to stay, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, Post Grant Review, PTAB, reexam, reexamination, termination, Tim Bianchi | 1 Comment

Divided Federal Circuit Panel Finds Computer System Claims Not Patent-Eligible

Posted on September 8, 2013 by Tim Bianchi

Posted: September 8, 2013 On September 5, 2013, the Federal Circuit affirmed a District court holding that a computer system claim was not patent-eligible under 35 U.S.C. § 101. In Accenture Global Servs., GmbH v. Guidewire Software, Inc., a divided panel … Continue reading →

Posted in claim challenges, Claim Construction, Federal Circuit, patent-eligible subject matter, software patents, statutory subject matter | Tagged appeal, Bianchi, claims, issued patent, litigation, patent, patent claims, patent eligibility, patent litigation, software patents, Tim Bianchi | Leave a comment

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