On September 16, 2012, post-grant proceedings became available as means to challenge patent validity pursuant to the America Invents Act. The post-grant proceedings take place before the Patent Trial and Appeal Board (“PTAB”), and include inter partes review (“IPR”), covered business method patent review (“CBM”) and post grant review (“PGR”). Take a look at our snapshot of these options for more detail.
Over the last 18 months, the rules and standards for these proceedings have begun to be hashed out, but this area of law is still evolving. A prime example of this is the currently pending appeal to the Federal Circuit from the PTAB’s decision in the first CBM review in SAP America, Inc. v. Versata Data Development Group, PTAB Case CBM2012-00001. This case involves several key issues, including the: (1) PTAB’s jurisdiction; (2) scope of available grounds of invalidity; and (3) appropriate claim construction.
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