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Tag Archives: IPR
Patent Office Board Takes a Bite out of Apple’s IPR Challenge of VirnetX Patents
In mid-2013 Apple filed seven inter partes review petitions to challenge four VirnetX patents. Recently, the Patent Trial and Appeal Board (the Board) denied all seven inter partes review (IPR) petitions. This outcome demonstrates the Board’s current interpretation of the one-year bar … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, motion practice, PTAB, rehearing request, Termination of Post-Grant Proceedings
Tagged Bianchi, claims, inter partes review, IPR, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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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 … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Post Grant Review, PTAB, PTAB Patent Trials, Termination of Post-Grant Proceedings
Tagged Bianchi, CBM, claims, covered business method, ex parte reexamination, inter partes reexamination, inter partes review, IPR, patent, patent claims, patent trial and appeal board, PGR, Post Grant Review, PTAB, Tim Bianchi
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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. … 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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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 Provides More Guidance on Discovery
On March 5, 2013, the Patent Trial and Appeal Board (PTAB or Board) provided guidance to the bar concerning routine discovery and additional discovery. (See paper 26 in Garmin v. Cuozzo, IPR2012-00001) This decision set forth five factors which are important in … Continue reading
Posted in Depositions, Expert, Federal Circuit, Future of PTAB Trial Practice, inter partes review, Litigation, motion practice, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials
Tagged appeal, Bianchi, BPAI, CBM, claims, federal circuit, inter partes review, IPR, issued patent, litigation, patent, patent claims, patent litigation, patent trial and appeal board, PGR, Post Grant Review, PTAB, 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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A Tale of Two Patent Litigation Stays
This is a story about not one, but two stays. The first stay is a district court stay pending the outcome of a reexamination of a patent in suit. The second is an administrative (PTAB) stay of that same reexamination … Continue reading
Posted in America Invents Act, inter partes review, Litigation, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials, reexamination generally, stay, stay of other administrative proceedings
Tagged Bianchi, claims, ex parte reexamination, inter partes review, IPR, issued patent, litigation, motion to stay, patent, patent litigation, patent trial and appeal board, petition, PTAB, reexam, reexamination, stay of parallel administrative action, Tim Bianchi
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Early Termination of PTAB Proceeding Shows Versatility of PTAB Patent Trials
One of the criticisms lodged against traditional reexamination proceedings is that when a request for reexamination is filed, the proceeding may take on a life of its own and typically cannot be withdrawn even if the parties want to dismiss … Continue reading
SAP Files Ex Parte Reexamination Request using Prior Art from Ongoing Litigations
As you may recall from earlier posts, on September 16, 2012, SAP filed a petition for review of U.S. Pat. No. 6,553,350 to begin the first covered business method patent review (CBM2012-00001) under the America Invents Act. To advance its PTAB … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, Litigation, patent-eligible subject matter, Post Grant Review, prior art, PTAB, PTAB Patent Trials, reexamination generally, reexamination pendency, Special Dispatch
Tagged appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, IPR, issued patent, litigation, patent, patent claims, patent litigation, patent trial and appeal board, petition, PGR, Post Grant Review, PTAB, reexam, reexamination, Tim Bianchi
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