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Tag Archives: patent litigation
PTAB Provides More Guidance on Discovery
On March 5, 2013, the Patent Trial and Appeal Board (PTAB or Board) provided guidance to the bar concerning routine discovery and additional discovery. (See paper 26 in Garmin v. Cuozzo, IPR2012-00001) This decision set forth five factors which are important in … Continue reading
Posted in Depositions, Expert, Federal Circuit, Future of PTAB Trial Practice, inter partes review, Litigation, motion practice, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials
Tagged appeal, Bianchi, BPAI, CBM, claims, federal circuit, inter partes review, IPR, issued patent, litigation, patent, patent claims, patent litigation, patent trial and appeal board, PGR, Post Grant Review, PTAB, 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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SAP Joins PTO against Versata in Eastern District of Virginia
You may recall that Versata sued the Patent Office in the Eastern District of Virginia to challenge the PTAB’s decision to institute a CBM review of Versata’s U.S. 6,553,350 patent. Versata Development Group, Inc. v. Rea, 1:13-cv-00328-GBL-IDD (E.D. VA). It turns out … Continue reading
Posted in America Invents Act, covered business methods, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA
Tagged Bianchi, CBM, covered business method, federal circuit, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, PGR, Post Grant Review, reexam, reexamination, 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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AIA Post-Grant Practice Rapidly Integrates Federal Circuit and Board Decisions
AIA post-grant practice has many advantages over other proceedings, but one of the great benefits of AIA post-grant practice that we have not discussed is the speed in which AIA post-grant proceedings adopt recent patent decisions from different sources. This … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, estoppel, Ex Parte Prosecution, Litigation, Patent Reform, patent-eligible subject matter, petitions practice, Post Grant Review, PTAB, PTAB Patent Trials
Tagged Bianchi, CBM, claims, covered business method, estoppel, federal circuit, issued patent, litigation, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, petition, PGR, Post Grant Review, PTAB, 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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Early Termination of PTAB Proceeding Shows Versatility of PTAB Patent Trials
One of the criticisms lodged against traditional reexamination proceedings is that when a request for reexamination is filed, the proceeding may take on a life of its own and typically cannot be withdrawn even if the parties want to dismiss … Continue reading
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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