-
Archives
Categories
- Adjudicative instead of examinatorial (2)
- America Invents Act (86)
- Aqua Products (1)
- Boardside Chat Report (1)
- Book and Article Reviews (1)
- BRI v. Phillips Construction Issues (1)
- Broadest Reasonable Interpretation standard (16)
- claim challenges (40)
- indefiniteness (5)
- patent-eligible subject matter (17)
- prior art (13)
- statutory subject matter (8)
- Claim Construction (18)
- Claim Preclusion (1)
- clear and convincing evidence (7)
- doctrine of claim differentiation (2)
- Ex Parte Prosecution (23)
- Federal Circuit (17)
- Federal Circuit Review of PTAB Proceedings (4)
- inequitable conduct (2)
- inter partes review (73)
- 315(b) One Year Bar (7)
- estoppel (14)
- IPR Joinder (4)
- Motion to Amend (3)
- serial petitions (2)
- IPR (2)
- Issue Preclusion (1)
- ITC (1)
- joint infringement (1)
- Litigation (85)
- Damages (17)
- enhanced damages (1)
- future damages (3)
- intervening rights (5)
- past damages (9)
- estoppel from administrative proceeding (11)
- Expert (2)
- Joinder Post AIA (5)
- Phillips claim construction (1)
- Prosecution Bar (4)
- Protective Order (3)
- stay (11)
- factors for stay (8)
- Damages (17)
- Mandamus Actions in the Federal Circuit (4)
- Patent Portfolio Management (2)
- Patent Reform (51)
- petitions practice (12)
- Phillips-type construction (7)
- Post Grant Review (71)
- preponderance of evidence (8)
- pro hac vice admission (3)
- PRPS Patent Review Processing System (13)
- PTAB (82)
- PTAB Patent Trials (49)
- PTO Sued Under the APA (11)
- reexamination generally (57)
- Reissue (6)
- Settlements in Post-Grant Proceedings (3)
- software patents (2)
- States rights and sovereign immunity (2)
- supplemental examination (3)
- Supreme Court Review of post-grant issues (2)
- Termination of Post-Grant Proceedings (9)
- Uncategorized (64)
- Webinar (1)
Category Archives: Claim Construction
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
1 Comment
Early PTAB Orders Demonstrate Differences Between AIA Patent Trials and District Court Trials
Patent practitioners are still absorbing some of the differences and advantages that are unique to litigation in the PTAB as opposed to district court litigation. For example, PTAB proceedings only decide questions of validity and are not directed to rule … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, clear and convincing evidence, estoppel, inter partes review, Litigation, preponderance of evidence, PTAB, PTAB Patent Trials, Uncategorized
Tagged appeal, Bianchi, board of patent appeals, burden of, clear and convincing, estoppel, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent trial, patent trial and appeal board, preponderance of the evidence, presumption of validity, PTAB, Tim Bianchi
Leave a comment
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
Leave a comment
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
Leave a comment
More Inter Partes Patent Reviews Filed on the PTAB PRPS
As of 01:00 on September 27, the number of petitions for covered business method (CBM) patent reviews remained at 6, but five more petitions for inter partes reviews (IPRs) were filed, making a total of 17 IPRs. The total number of pending … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, covered business methods, Damages, estoppel, future damages, inter partes review, intervening rights, Litigation, motion practice, Patent Reform, Post Grant Review, preponderance of evidence, PRPS Patent Review Processing System, PTAB, raised or reasonably could have raised
Tagged Bianchi, inter partes review, patent, patent claims, PGR, Post Grant Review, PTAB, Tim Bianchi
Leave a comment
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
1 Comment
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
Leave a comment