Category: PTAB Patent Trials
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Lex Machina’s 2013 Patent Litigation Report Shows Disparity Between Litigated Patents and those under PTAB Review
Litigation and post-grant proceedings often go hand-in-hand. A new litigation report published by Lex Machina summarizes patent litigation data for 2013 and prior years. It is an interesting report and very easy to digest. Two findings caught my eye. The first one relates to the overall number of patent litigation cases filed in 2013: Plaintiffs filed 6,092…
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Eastern District of Texas Denies SAP’s Motion to Vacate the Judgment in the Versata Patent Infringement Case
SAP recently learned that the Eastern District of Texas denied its motion to set aside or stay a district court judgment in favor of Versata for infringement of its U.S. Pat. 6,553,350 (Versata Software, Inc v. SAP America, Inc., No. 2:07-cv-00153 (E.D. Tex)). On April 20, 2014, Judge Roy S. Payne dismissed SAP’s motion despite its…
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Join Me in San Francisco for PLI’s Post-Grant CLE Program on April 28
I will be presenting at PLI’s “USPTO Post-Grant Patent Trials 2014” CLE Program on April 28th with a number of other post-grant practitioners. Please join us there or attend via webinar! — Timothy Bianchi
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Patent Office Board Clarifies Petitioner Role for Single Petition by Several Companies
A petition for covered business method review, inter partes review, or post-grant review may be filed on behalf of of several different parties and real parties in interest. Typically, such filings involve one, two, or three named persons (e.g., companies) as the petitioner. However, the Board’s rules do not state a limit on the number…
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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 Board) may consider the joint motion and terminate the entire proceeding. It has done so…
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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. 12, 2013) at 9 a.m. central. I will be co-presenting with Steve Schaefer of Fish…
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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 of that year Harland Clarke filed a petition for covered business method patent review (CBM2013-00016).…