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Tag Archives: patent
Joint Motions to Terminate Patent Reviews Late in Trial Proceedings
One of the advantages of patent reviews under the America Invents Act is that the parties may settle before completion of the proceedings and file a joint motion to terminate these proceedings. The Patent Trial and Appeal Board (PTAB or … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Post Grant Review, PTAB, PTAB Patent Trials, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, inter partes reexamination, inter partes review, IPR, patent, 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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Divided Federal Circuit Panel Finds Computer System Claims Not Patent-Eligible
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
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PTAB Grants Motion for Early Termination of Proceeding Before CBM Trial Institution
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
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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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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 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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