America Invents Act Covered Business Method Patents

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
News & Analysis as of

Federal Circuit Answers Questions About Covered Business Method Review Proceedings

In Versata Development Group, Inc. v. SAP America, Inc., the Federal Circuit outlined the permitted extent of judicial review of Covered Business Method (CBM) patent review proceedings conducted by the USPTO Patent Trial and...more

Should the Federal Circuit Be Reviewing Any Part of the Decision to Institute? -- The Versata Dissent-in-part

As we reported earlier, the Federal Circuit recently affirmed the PTAB's Final Written Decision in the Versata Development Group v. SAP America, Inc. case -- the first appeal under the covered business method ("CBM") patent...more

Federal Circuit Affirms Unpatentability in Much Anticipated First Review of CBM Decision

Since the America Invents Act (AIA) passed in 2012, Covered Business Method (CBM) reviews have become the Sword of Damocles hanging over the heads of non-practicing entities, also referred to as patent trolls. Many CBM...more

Federal Circuit Affirms First Patent Trial and Appeal Board (PTAB) Decision in a Covered Business Method Review

On July 9, 2015, a divided panel of the Court of Appeals for the Federal Circuit (“CAFC”) affirmed the first Patent Trial and Appeals Board (“PTAB”) decision concerning Covered Business Method (“CBM”) reviews, which were...more

Versata Development Group, Inc. v. SAP America, Inc. (Fed. Cir. 2015)

Section 18 of the Leahy-Smith America Invents Act (AIA) established a transitional program through which the USPTO conducts post-grant reviews of covered business method (CBM) patents. For the most part, § 18 incorporates...more

Versata: The Federal Circuit Explains the Parameters and Appealability of CBM Proceedings

On July 9, 2015, the Federal Circuit decided its first appeal of a covered business method (“CBM”) patent review. In Versata Development Group Inc. v. SAP America, Inc. et al., Case No. 14-1194 (Fed. Cir. July 9, 2015)...more

CBM Review Threshold Met by the Intrinsic Record - Google Inc. et al. v. Priceplay.com, Inc.

Addressing threshold issues for instituting a covered business method (CBM) review, in two recent related cases, the Patent Trial and Appeal Board (PTAB or Board) found each of the two patent cases eligible for CBM review,...more

The Status of Business Method Patents

Business method patents have a checkered history. They were once very much in vogue—numerous such patents issued, and many of them were litigated. Then, about two years ago, Congress enacted a special procedure that made it...more

Life Sciences Litigation Update - May 2015

Trends in Post-grant Review of Orange Book Patents. The America Invents Act’s post-grant challenges (“AIA proceedings”) continue to grow as an option for companies challenging a patent’s validity. In the first full fiscal...more

Technological Invention Exception Key to Foiling CBM - Bloomberg Finance LP v. Quest Licensing Corporation; Apple Inc. v....

In four orders addressing the requirements for instituting a covered business method (CBM) review, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB)) found the “financial product or service”...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

Software Patents Are Still Very Useful Despite Alice, But Are Business Method Patents?

Patents generally describe new inventions in terms of a unique structure, function, or combination of structure and function. Those patents that focus on functions of computers or computer-implemented functionality are often...more

After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?

The America Invents Act (AIA) created several adjudicative proceedings within the Patent Trial and Appeal Board (PTAB) of the U.S. Patent & Trademark Office, including inter partes review, post-grant review, and covered...more

PTAB Issues ‘Quick Fix’ Rule Package, Effective Immediately

On March 31 we posted (here) about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings, beginning with a first rule package of “quick fixes” this spring. This past Tuesday, May 19, 2015,...more

Payment Information Does Not Necessarily Make a CBM - SEGA of Am., Inc. v. Uniloc USA, Inc

Addressing the issue of what qualifies as a covered business method (CBM) under the America Invents Act (AIA), the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB or Board) denied institution of...more

Claims Must Be Limited to Financial Activities to Be Covered Business Methods - Salesforce.com, Inc. v. Applications in Internet...

Narrowing the application of covered business method (CBM) patent review, in two recent cases, the Patent Trial and Appeal Board (PTAB or Board) concluded that patents whose claims may apply to industries other than the...more

No Exception for Energy Management Patent—CBM Review Instituted - Opower Inc. v. Cleantech Business Solutions

In its decision to institute a covered business method (CBM) patent review of an energy management patent, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) agreed with the petitioner...more

What Constitutes a Covered Business Method Patent? - Groupon Inc. v. Blue Calypso Inc.

The U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) provided guidance as to what constitutes a patent subject to covered business method (CBM) review and what are “technological...more

Intellectual Property 2014 Year In Review

There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods,...more

Does the Broadest Reasonable Interpretation Standard Make Sense?

Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals are taking...more

Stays Pending Covered Business Method Patent Review: VirtualAgility v. Salesforce.com

The Federal Circuit’s divided decision in VirtualAgility Inc. v. Salesforce.com, Inc. is the first major decision from the Federal Circuit interpreting the discretionary stay provision of § 18(b)(1) of the America Invents Act...more

Federal Circuit Provides Additional Guidance on Litigation Stays Pending USPTO Post-Grant Proceedings

The Federal Circuit reversed yet another denial of a motion to stay pending a USPTO post-grant trial, this time involving a case pending in the District of Delaware. In its decision,Versata Software, Inc. v. Callidus...more

Inter Partes Review: Lessons Learned and Emerging Trends

Introduced by the America Invents Act (AIA), Inter Partes Review (IPR) first became available on September 16, 2012. “IPRs have really taken off and filings have increased over time as more and more people consider how useful...more

The Patent Trial and Appeal Board Second Anniversary: Reflections and Strategies For The Years Ahead

What a difference two years can make. In 2012, the America Invents Act (“AIA”) created new proceedings to challenge the validity of claims in issued patents. These proceedings are administered by the United States...more

Federal Circuit Review (August 2014)

Post Grant Review of Patent Favors Stay of Litigation - In VIRTUALAGILITY INC. v. SALESFORCE.COM, INC., Appeal No. 14-1232, the Federal Circuit reversed the district court's denial of a motion to stay pending a post...more

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