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Category Archives: Post Grant Review
CLE Event: Review of First Year of Patent Office Trials
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
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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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USPTO to Host AIA Second Anniversary Forum on Sept. 16
The USPTO will host an AIA Second Anniversary Forum on September 16, 2013, at the USPTO’s Alexandria campus in the Madison Auditorium from 1 to 5 pm, and also via webcast. Here is the USPTO announcement: At the Forum, USPTO … Continue reading
Posted in America Invents Act, covered business methods, Ex Parte Prosecution, inter partes review, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials
Tagged AIA, Bianchi, CBM, covered business method, ex parte prosecution, ex parte reexamination, Forum, inter partes review, IPR, patent prosecution, patent reform, patent trial and appeal board, PGR, PTAB, Tim Bianchi, US Patent and Trademark Office, USPTO
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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 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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Joinder in Patent Office Proceedings Clarified by PTAB
Several posts ago we explored how the Board perceived joinder of a subsequent petition filed by a petitioner to an ongoing proceeding. A recent ruling by the Patent Trial and Appeal Board (PTAB) clarifies how the Board views joinder of … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Post Grant Review, PTAB, PTAB Patent Trials
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, joinder of parties post-petition, patent trial and appeal board, PGR, Post Grant Review, PTAB, Tim Bianchi
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