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Tag Archives: Post Grant Review
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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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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PTAB Provides Convenient Access to Instructive Orders, Notices, and Decisions
The Patent Trial and Appeals Board has provided a web page that compiles instructive orders, notices, and decisions. This is a handy reference site for practitioners to learn from decisions made in various covered business method (CBM), inter partes reviews … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB, PTAB Patent Trials
Tagged Bianchi, CBM, covered business method, decision, inter partes review, IPR, notice, order, patent trial and appeal board, PGR, Post Grant Review, PTAB, PTAB Patent Trials, Tim Bianchi
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Patent Trial and Appeal Board (PTAB) Guidance on Pro Hac Vice Admissions
The PTAB (“Board”) has already decided some motions for pro hac vice admission in various PTAB case proceedings. A recent decision in case IPR2012-00035 referenced an earlier decision on motion for pro hac vice admission in case IPR2013-00010. The relevant part … Continue reading
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 PRPS Trials Portal Gets Software Improvements
The PTAB PRPS Trials Portal just got better. If you login to the system (depending on what browser you are using), you will see that PRPS now provides much better access to all public documents in each case. This upgrade … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, motion practice, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB
Tagged Bianchi, CBM, covered business method patent review, inter partes review, IPR, patent reform, PGR, Post Grant Review, PRPS, PTAB, Tim Bianchi, trials
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Parallel Litigation and PTAB Review Create Complex Interplay of Patentability and Validity
A company called CoreLogic Solutions, LLC owns U.S. Patent No. 5,361,201, relating to a process for appraising real estate property. The ‘201 patent was filed on Oct. 19, 1992 and issued on Nov. 1, 1994. Absent some kind of patent term extension, the ‘201 … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, clear and convincing evidence, covered business methods, indefiniteness, Litigation, motion practice, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, statutory subject matter
Tagged appeal, Bianchi, burden of proof, CBM, clear and convincing, covered business method, covered business method patent review, federal circuit, issued patent, litigation, patent, patent claims, patent reform, petition, PGR, Post Grant Review, PTAB, reexam, reexamination, Tim Bianchi
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More Inter Partes Patent Reviews Filed on the PTAB PRPS
As of 01:00 on September 27, the number of petitions for covered business method (CBM) patent reviews remained at 6, but five more petitions for inter partes reviews (IPRs) were filed, making a total of 17 IPRs. The total number of pending … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, covered business methods, Damages, estoppel, future damages, inter partes review, intervening rights, Litigation, motion practice, Patent Reform, Post Grant Review, preponderance of evidence, PRPS Patent Review Processing System, PTAB, raised or reasonably could have raised
Tagged Bianchi, inter partes review, patent, patent claims, PGR, Post Grant Review, PTAB, Tim Bianchi
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Comparative Study of Post Issuance Review Options
Today I had the pleasure of co-presenting at the Midwest IP Institute on various post-issuance proceedings with Kevin Rhodes, Chief Intellectual Property Counsel and President of 3M Innovative Properties Company. A PDF of our joint presentation is found here. The presentation provides … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, Claim Construction, clear and convincing evidence, covered business methods, estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, indefiniteness, inter partes reexamination, inter partes review, Litigation, motion practice, Patent Reform, patent-eligible subject matter, petitions practice, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, statutory subject matter, supplemental examination
Tagged Bianchi, CBM, claims, clear and convincing, estoppel, inter partes reexamination, inter partes review, IPR, litigation, patent litigation, patent reform, petition, PGR, Post Grant Review, PTAB, reexam, reexamination, SNQ, substantial new question of patentability, Tim Bianchi
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PTAB Patent Review Processing System (PRPS) Update
If you are a registered user of the Patent Review Processing System (PRPS) you may have encountered the same problem I did. When logging in, I can see some matters where the petitions can be viewed, but other matters where … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Patent Reform, Post Grant Review, PRPS Patent Review Processing System, PTAB
Tagged Bianchi, CBM, covered business method patent review, inter partes review, IPR, patent reform, Patent Review Processing System, PGR, Post Grant Review, PRPS, PTAB, Tim Bianchi
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