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Tag Archives: patent reform
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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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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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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AIA Post-Grant Practice Rapidly Integrates Federal Circuit and Board Decisions
AIA post-grant practice has many advantages over other proceedings, but one of the great benefits of AIA post-grant practice that we have not discussed is the speed in which AIA post-grant proceedings adopt recent patent decisions from different sources. This … Continue reading
Posted in America Invents Act, claim challenges, covered business methods, estoppel, Ex Parte Prosecution, Litigation, Patent Reform, patent-eligible subject matter, petitions practice, Post Grant Review, PTAB, PTAB Patent Trials
Tagged Bianchi, CBM, claims, covered business method, estoppel, federal circuit, issued patent, litigation, patent, patent claims, patent litigation, patent reform, patent trial and appeal board, petition, PGR, Post Grant Review, PTAB, Tim Bianchi
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PTAB IPR Petition Joinder Practice Gains Momentum
Suppose a patent owner files suit and the defendant wants to file an AIA post-grant proceeding to challenge the validity of the patent. Suppose further that the post-grant challenge is an inter partes review (IPR) filed by the defendant within … Continue reading
Posted in America Invents Act, Joinder of AIA Proceedings, motion practice, Patent Reform, PTAB, Uncategorized
Tagged 35 USC 315(b), 37 CFR 42.101(b), 37 CFR 42.122(b), Bianchi, claims, inter partes review, IPR, Joinder, patent, patent claims, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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AIA Patent Trials Differ from Reexamination
In the past few months, I have had discussions with many different stakeholders about how AIA post-grant review differs from conventional reexamination. AIA patent trials (post-grant review or PGR, inter partes review or IPR, and covered business method patent review … Continue reading
Posted in America Invents Act, covered business methods, estoppel, estoppel, ex parte reexamination, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, pro hac vice admission, PTAB, PTAB Patent Trials, reexamination generally, reexamination pendency, Special Dispatch, Substantial New Question (SNQ), Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, ex parte reexamination, federal circuit, inter partes reexamination, inter partes review, IPR, patent, patent claims, patent reform, patent trial and appeal board, Post Grant Review, PTAB, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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