Tag Archives: patent litigation

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

PTAB Joinder Practice Update: Board Interprets 35 U.S.C. § 315(c) to Require Party Joinder

Posted on September 30, 2014 by Tim Bianchi

Sep. 30, 2014 In at least two decisions last week, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to preclude a joinder request by an existing party to the proceeding. The … Continue reading →

Posted in 315(b) One Year Bar, claim challenges, Future of PTAB Trial Practice, inter partes review, Litigation, prior art, PTAB, PTAB Patent Trials | Tagged Bianchi, claims, inter partes review, IPR, litigation, patent claims, patent litigation, patent trial and appeal board, PTAB, Tim Bianchi | 1 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

Join Me in San Francisco for PLI’s Post-Grant CLE Program on April 28

Posted on March 7, 2014 by Tim Bianchi

I will be presenting at PLI’s “USPTO Post-Grant Patent Trials 2014” CLE Program on April 28th with a number of other post-grant practitioners. Please join us there or attend via webinar! — Timothy Bianchi

Posted in America Invents Act, covered business methods, inter partes review, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials | Tagged Bianchi, CBM, covered business method, inter partes review, IPR, patent claims, patent litigation, PGR, Post Grant Review, PTAB, Tim Bianchi | Comments Off

USPTO Statistics Show Inter Partes Patent Reviews are Frequently Settled Before Final Board Decision

Posted on February 17, 2014 by Tim Bianchi

The U.S. Patent Office regularly posts statistics on post-grant proceedings such as inter partes review and covered business method patent review. An excerpt of PTAB statistics for February 13, 2014 is found below. The acronyms “FWD” and “RAJ” stand … Continue reading →

Posted in America Invents Act, covered business methods, inter partes review, Litigation, Patent Reform, Post Grant Review, PTAB, Termination of Post-Grant Proceedings, Uncategorized | Tagged Bianchi, CBM, covered business method, Early Settlement, inter partes review, IPR, patent litigation, PGR, 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

CLE Event: Review of First Year of Patent Office Trials

Posted on December 11, 2013 by Tim Bianchi

The America Invents Act provides us several new ways to challenge issued patents. If you are curious about what we have learned in this first year fourteen months of patent office trials, please tune into my hour webinar tomorrow morning (Dec. … Continue reading →

Posted in America Invents Act, covered business methods, Depositions, inter partes review, Litigation, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA | Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, IPR, litigation, patent litigation, patent reform, patent trial and appeal board, PGR, 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

PTAB Grants Motion for Early Termination of Proceeding Before CBM Trial Institution

Posted on July 30, 2013 by Tim Bianchi

The Patent Trial and Appeal Board recently decided to grant a motion to terminate a CBM proceeding prior to a decision of whether to institute trial in that CBM proceeding. In CBM2013-00015, between Oracle Corporation (Petitioner) and Community United IP, … Continue reading →

Posted in America Invents Act, covered business methods, Patent Reform, Post Grant Review, PTAB, Termination of Post-Grant Proceedings | Tagged Bianchi, CBM, covered business method, issued patent, litigation, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, petition, PTAB, Tim Bianchi | 1 Comment

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