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Tag Archives: motion to stay
Are Patent-Friendly PTAB Decisions On the Rise?
Patent litigation changed with passage of the America Invents Act. Overnight the PTAB became a new venue for challenging patent claims using IPRs, CBMs and PGRs. The initial reaction by the patent bar to the PTAB’s “take charge” approach to … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, Damages, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, preponderance of evidence, prior art, PTAB, PTAB Patent Trials, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, inter partes reexamination, inter partes review, IPR, litigation, motion to stay, patent claims, patent trial and appeal board, PGR, post-grant review, PTAB, Tim Bianchi
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Parties Terminate CBM Before They Settle Dispute to Avoid PTAB Decision
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
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PTAB Authorizes SAP to file Opposition to Versata’s Rehearing Request
Even though the Rehearing Request filed by Versata last week is confidential, we can glean some insight about what it contained based on the publicly available documents of record. Today the PTAB authorized SAP to file its motion to oppose … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, Federal Circuit, Litigation, Patent Reform, patent-eligible subject matter, Post Grant Review, PTAB, PTAB Patent Trials, rehearing request, statutory subject matter, Stay in Federal Circuit
Tagged appeal, Bianchi, CBM, covered business method, federal circuit, issued patent, litigation, motion to stay, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, PTAB, rehearing request, Tim Bianchi
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More Developments in the Patent Battle between SAP and Versata
There has been a lot of activity in the litigations arising from the patent battle between SAP and Versata. You will recall that there are parallel Federal Circuit, PTAB, and Eastern District of Virginia actions. There have been activities in … Continue reading
Posted in America Invents Act, covered business methods, Federal Circuit, Litigation, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, PTO Sued Under the APA, Stay in Federal Circuit
Tagged appeal, Bianchi, CBM, claims, covered business method, federal circuit, issued patent, litigation, motion to stay, patent, patent claims, patent trial and appeal board, petition, PTAB, Tim Bianchi
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SAP Moves for a Stay of Parallel Federal Circuit Action After PTAB Win
SAP’s fight to dismiss Versata’s U.S. 6,553,350 patent assertion continues. After SAP’s win in the PTAB on June 11, 2013, SAP filed a motion to stay the parallel Federal Circuit appeal on June 17th. Now the Federal Circuit must decide … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, Federal Circuit, patent-eligible subject matter, Post Grant Review, PTAB, Stay in Federal Circuit
Tagged appeal, Bianchi, CBM, claims, covered business method, federal circuit, Federal Circuit Stay, litigation, motion to stay, patent, patent litigation, patent trial and appeal board, PTAB, SAP, stay, Tim Bianchi, Versata
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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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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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Declaratory Judgment Plaintiff and Stays Pending Reexamination
In Interwoven, Inc. v. Vertical Computer Systems, Inc. (Case No. C 10-04645 RS, Northern District of California), Judge Richard Seeborg was less than persuaded by Interwoven’s attempt to obtain a stay after filing an ex parte reexamination of the patents … Continue reading
Posted in estoppel from administrative proceeding, ex parte reexamination, factors for stay, inter partes reexamination, Litigation, Protective Order, reexamination generally, reexamination pendency, stay
Tagged Bianchi, estoppel, ex parte reexamination, inter partes reexamination, intervening rights, issued patent, litigation, motion to stay, past damages, patent, patent claims, patent litigation, reexam, reexamination, SNQ, stay, substantial new question of patentability, Tim Bianchi
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Stay of Litigation Pending Inter Partes Reexamination Warranted Despite Possible Lengthy Reexam Pendency
District courts are making increasingly detailed and sophisticated decisions on motions to stay litigation pending reexamination. One example is the analysis performed in N Spine Inc. and Synthes USA Sales, LLC v. Globus Medical Inc., (1-1–cv-00300 (DED)). N Spine and Synthes USA Sales … Continue reading
Posted in factors for stay, inter partes reexamination, Litigation, reexamination generally, reexamination pendency, stay
Tagged appeal, Bianchi, inter partes reexamination, issued patent, litigation, motion to stay, patent, patent claims, patent litigation, reexam, reexamination, reexamination pendency, Tim Bianchi
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