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Tag Archives: CBM
Federal Circuit Reinforces PTAB’s Authority to Institute Trial on Selected Claims in Synopsis v. Mentor Graphics Appeal
Newcomers to post-grant proceedings are often surprised by the PTAB’s claim-by-claim approach to patent challenges under the America Invents Act. When reporting statistics about IPRs, commentators tend to ignore these considerations: First, an IPR petition can be drafted to challenge all or some … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, clear and convincing evidence, doctrine of claim differentiation, Uncategorized
Tagged appeal, Bianchi, CBM, claims, damages, federal circuit, inter partes review, IPR, issued patent, patent claims, patent litigation, patent prosecution, patent reform, PGR, Post Grant Review, post-grant review, reexam, reexamination, reissue, Tim Bianchi
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Patent Trends to Watch in 2016
2016 is starting off with a bang! A number of interesting new developments have occurred as we enter into this new year: The Supreme Court will review broadest reasonable interpretation (BRI), courtesy of the petition for cert in Cuozzo The Federal Circuit … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation, Broadest Reasonable Interpretation standard, Federal Circuit, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, PTAB, PTAB Patent Trials, Supreme Court Review of post-grant issues
Tagged appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, IPR, issued patent, litigation, patent trial and appeal board, PGR, PTAB, Supreme Court, Tim Bianchi
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Board Guidance on its View of Petitioner Estoppel: Westlake Services v. Credit Acceptance Corp:
July 21, 2015 Last week, the Board provided an opinion to offer guidance on its view of the scope of petitioner estoppel. The Westlake Services v. Credit Acceptance Corp. decision relates to the scope of estoppel to a Petitioner following a final written decision from … Continue reading
Posted in America Invents Act, covered business methods, estoppel, Post Grant Review, raised or reasonably could have raised, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, estoppel, IPR, patent litigation, patent trial and appeal board, PTAB, Tim Bianchi
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Are Your Patent Procurement Guidelines Outdated?
I saw a bumper sticker that said: “Change is inevitable, but growth is optional.” This is true in many facets of life, and it is true for patent practice. The changes of the past few years are numerous and … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, Litigation, Post Grant Review, PTAB Patent Trials
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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The Settlement Effect of PTAB Proceedings and Recent Patent Office Trial Statistics
December 29, 2014 The Patent Trial and Appeal Board (PTAB) released statistics for AIA Patent Office trials as of Dec. 18, 2014. Different commentators have recently reported that the institution rate for these proceedings has dropped to about 60-70 percent, depending … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, inter partes review, Litigation, petitions practice, Post Grant Review, PTAB, PTAB Patent Trials, Settlements in Post-Grant Proceedings, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, Early Settlement, inter partes review, IPR, patent, patent trial and appeal board, PGR, Post Grant Review, PTAB, settlement, Settlement Effect of Post Grant Proceedings, Tim Bianchi
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U.S. Bancorp CBM Results in Cancellation of Retirement Capital Access Management Co.’s Patent Claims
In 2011, U.S. Patent 6,625,582, entitled Method And System For Converting A Designated Portion of Future Social Security And Other Retirement Payments To Current Benefits, was assigned to Retirement Capital Access Management Company LLC. Benefit Funding Systems LLC asserted the ‘582 patent … Continue reading
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 … Continue reading
Posted in America Invents Act, covered business methods, Future of PTAB Trial Practice, inter partes review, Joinder Post AIA, Litigation, Patent Reform, Post Grant Review, PTAB, PTAB Patent Trials
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, issued patent, litigation, patent litigation, patent reform, patent trial and appeal board, Post Grant Review, PTAB, Tim Bianchi
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See You at the AIPLA 2014 Spring Meeting!
I am presenting at the AIPLA Spring Meeting on May 15, 2014 in Philadelphia and hope to see you there. My task is to provide strategies for filing inter partes reviews, covered business method reviews and post-grant reviews. I hope … Continue reading
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 … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, Federal Circuit, patent-eligible subject matter, PTAB, PTAB Patent Trials, PTO Sued Under the APA, Stay in Federal Circuit, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, federal circuit, litigation, patent trial and appeal board, PTAB, Supreme Court, Tim Bianchi
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Eastern District of Virginia Decides PTAB Decision to not institute IPR is Not Appealable
A patent owner insists that your company infringes a patent and makes a claim of patent infringement. You have settled patent infringement assertions before, but this patent seems invalid over known prior art. You consult with your patent counsel and … Continue reading
Posted in America Invents Act, inter partes review, Mandamus Actions in the Federal Circuit, Patent Reform, PTO Sued Under the APA, Uncategorized
Tagged appeal, Bianchi, board of patent appeals, BPAI, CBM, covered business method, federal circuit, inter partes review, PTAB, reexamination, Tim Bianchi
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