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Category Archives: Uncategorized
Exhibits for SAP v. Versata PTAB Trial on Wednesday
One of the benefits of the PTAB’s PRPS system that the materials for each trial are accessible online when filed by the parties (unless designated as protected materials). If you intend to listen in on the SAP v. Versata PTAB … Continue reading
Posted in covered business methods, Litigation, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, PTO Sued Under the APA, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, federal circuit, inter partes review, IPR, issued patent, litigation, patent, patent claims, patent litigation, patent trial and appeal board, petition, PTAB, Tim Bianchi
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Dial-in Info to Hear the First Covered Business Method Patent Trial
In my last blog post I described the trial being held on Wednesday in the first covered business method (CBM2012-00001). The PTAB has provided the dial in information to listen in on the trial to be held at 2:00 p.m. … Continue reading
SAP v. Versata: First Covered Business Method PTAB Trial Tests New AIA Trial Provisions
The first ever covered business method patent review stems from a patent litigation between Versata and SAP over two Versata patents relating to pricing products in mulitlevel product and organizational groups. The district court action began in 2007 when Versata … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, indefiniteness, Litigation, patent-eligible subject matter, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA, statutory subject matter, Uncategorized
Tagged appeal, Bianchi, CBM, CBM2012-000001, covered business method, federal circuit, issued patent, litigation, patent, patent claims, patent litigation, patent trial and appeal board, petition, PTAB, SAP v. Versata, Tim Bianchi
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Petitions to PTAB at Three Months into AIA Post-Grant Patent Trials
This blog post is at three months past September 16, 2012, the date upon which the PTAB began accepting petitions for inter partes review and covered business method patent review under the America Invents Act. Considering that there are about 15 CBM … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, Uncategorized
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, patent trial and appeal board, petition, PGR, Post Grant Review, 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 Trial Portal has Eight First Day Filings: 3 CBM and 5 IPR
To kick off covered business method (CBM) and inter partes review (IPR) practice, there were eight post-issuance filings on the first day of the PTAB Trials electronic filing system: You can click on the image to expand it or just go … Continue reading
PTO, PTAB and AIA History in the Making Today, September 16, 2012
Today the PTO received its first petitions for inter partes review (IPR) and covered business method patent review (CBM) pursuant to the America Invents Act (AIA). We are in a kind of second phase of implementation of the AIA that … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Patent Reform, Post Grant Review, PTAB, reexamination generally, Uncategorized
Tagged AIA, America Invents Act, Bianchi, CBM, covered business method, inter partes reexamination, inter partes review, IPR, issued patent, patent, patent reform, petition, PGR, Post Grant Review, PTAB, Tim Bianchi, trial
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Preissuance Submission Final Rules Published July 17, 2012
The Patent Office has published its final rules for preissuance submissions under the AIA. A copy of the final rules can be found here (2012-16710). I briefly summarized the rule requirements in a presentation that can be found here (Preissuance Submissions … Continue reading
Posted in America Invents Act, Damages, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, past damages, Patent Reform, petitions practice, Post Grant Review, preissuance submissions by third parties, reexamination generally, Substantial New Question (SNQ), Uncategorized
Tagged Bianchi, claims, damages, estoppel, ex parte reexamination, inter partes review, issued patent, litigation, narrowing, past damages, patent, patent claims, patent litigation, patent reform, PGR, post-grant review, reexam, reexamination, SNQ, substantial new question of patentability, substantive amendment, Tim Bianchi
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Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part I
Today, USPTO Director David Kappos posted a comment advocating the use of the broadest reasonable interpretation standard (BRI) for claim interpretation in post grant review and inter partes review under the America Invents Act. This is a topic of great interest among those … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, clear and convincing evidence, Ex Parte Prosecution, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, reexamination generally, Reissue, Uncategorized
Tagged Bianchi, Board, BPAI, burden of proof, claims, clear and convincing, ex parte reexamination, inter partes reexamination, inter partes review, issued patent, litigation, Microsoft, patent, patent claims, patent litigation, patent prosecution, patent reform, patent trial and appeal board, PGR, post-grant review, preponderance of the evidence, presumption of validity, PTAB, reexam, reexamination, reissue, Tim Bianchi
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