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Tag Archives: patent reform
Patent Challenger Seeks PTAB Jurisdiction over “Involved” Pending Applications
The AIA provides new post-issuance proceedings to challenge issued patents. But can these challenges be used to stop related pending patent prosecution dead in its tracks? One recent inter partes review petition requests just that and time will tell whether … Continue reading
Posted in America Invents Act, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, motion practice, Patent Reform, PTAB
Tagged Bianchi, claims, ex parte prosecution, inter partes review, IPR, issued patent, litigation, patent, patent claims, patent litigation, patent prosecution, patent reform, petition, PGR, PTAB, Tim Bianchi
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Steady Stream of AIA Post-Issuance Review Petitions Filed in PTAB
It has been a little over one month since post grant patent reviews were authorized by the AIA and the Patent Office Patent Review Processing System (PRPS) shows about 47 petitions on file in the PTAB. Look at it this … Continue reading
Posted in America Invents Act, covered business methods, estoppel, estoppel from administrative proceeding, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, reexamination generally, Uncategorized
Tagged Bianchi, CBM, covered business method, inter partes reexamination, inter partes review, IPR, patent, patent reform, PGR, Post Grant Review, PTAB, Tim Bianchi
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PTAB PRPS Trials Portal Gets Software Improvements
The PTAB PRPS Trials Portal just got better. If you login to the system (depending on what browser you are using), you will see that PRPS now provides much better access to all public documents in each case. This upgrade … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB
Tagged Bianchi, CBM, covered business method patent review, inter partes review, IPR, patent reform, PGR, Post Grant Review, PRPS, PTAB, Tim Bianchi, trials
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Parallel Litigation and PTAB Review Create Complex Interplay of Patentability and Validity
A company called CoreLogic Solutions, LLC owns U.S. Patent No. 5,361,201, relating to a process for appraising real estate property. The ‘201 patent was filed on Oct. 19, 1992 and issued on Nov. 1, 1994. Absent some kind of patent term extension, the ‘201 … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, clear and convincing evidence, covered business methods, indefiniteness, Litigation, motion practice, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, statutory subject matter
Tagged appeal, Bianchi, burden of proof, CBM, clear and convincing, covered business method, covered business method patent review, federal circuit, issued patent, litigation, patent, patent claims, patent reform, petition, PGR, Post Grant Review, PTAB, reexam, reexamination, 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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Comparative Study of Post Issuance Review Options
Today I had the pleasure of co-presenting at the Midwest IP Institute on various post-issuance proceedings with Kevin Rhodes, Chief Intellectual Property Counsel and President of 3M Innovative Properties Company. A PDF of our joint presentation is found here. The presentation provides … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, Claim Construction, clear and convincing evidence, covered business methods, estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, indefiniteness, inter partes reexamination, inter partes review, Litigation, motion practice, Patent Reform, patent-eligible subject matter, petitions practice, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, statutory subject matter, supplemental examination
Tagged Bianchi, CBM, claims, clear and convincing, estoppel, inter partes reexamination, inter partes review, IPR, litigation, patent litigation, patent reform, petition, PGR, Post Grant Review, PTAB, reexam, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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PTAB Patent Review Processing System (PRPS) Update
If you are a registered user of the Patent Review Processing System (PRPS) you may have encountered the same problem I did. When logging in, I can see some matters where the petitions can be viewed, but other matters where … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB
Tagged Bianchi, CBM, covered business method patent review, inter partes review, IPR, patent reform, Patent Review Processing System, PGR, Post Grant Review, PRPS, PTAB, Tim Bianchi
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PTAB PRPS Day Three Filings: 2 IPRs and 1 CBM
The PTAB Patent Review Processing System (PRPS) showed postings of 3 more petitions today. One was an IPR Petitioned by Microsoft against U.S. Pat. 6,757,717, relating to a system for data access in a packet-switched network. Another was Idle Free Systems, … Continue reading
More IPR Filings on Day 2
If you are monitoring adoption of post-issuance filings you may have noticed that five more IPR filings were filed on the second day of operation of the PTAB trials portal pursuant to the new IPR and CBM patent review options … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, covered business methods, Ex Parte Prosecution, indefiniteness, inter partes review, Litigation, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, PTAB, statutory subject matter
Tagged Bianchi, CBM, claims, covered business method, indefiniteness, inter partes review, IPR, issued patent, litigation, patent prosecution, patent reform, petition, PGR, Post Grant Review, PTAB, statutory subject matter, Tim Bianchi
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