Covered Business Method Patents

News & Analysis as of

Stewart Title Guaranty Co. v. Segin Software, LLC (PTAB 2014)

On April 12, 2013, Segin Software sued Stewart Title and several other parties for infringement of U.S. Patent No. 8,165,939. The defendants filed a petition with the U.S. Patent and Trademark Office requesting post-grant...more

New Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding

In VirtualAgility Inc. v. Salesforce.com, Inc., No. 2014-1232 (July 10, 2014), the Federal Circuit issued its first opinion directed to the issue of when it is appropriate to grant a stay of a district court patent...more

Case Alert -- Federal Circuit Reverses District Court Denying Stay Pending Covered Business Method Review

On July 10, 2014, the Federal Circuit issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., in which it reversed the district court’s order denying Salesforce’s motion to stay the district court suit pending...more

Federal Circuit Orders Stay Pending Completion of CBM Review

Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more

The Patentability Exclusion for "Abstract Ideas" is Even More Abstract Post-Alice

In Alice Corp. Pty. Ltd. v. CLS Bank International, 2014 U.S. Lexis 4303 (June 19, 2014, No. 13-298) the Supreme Court once again addressed what has been termed "business method" patents in the context of determining whether...more

Walker Digital v. Google: Stay Pending CBM Review Denied Where Discovery Was Complete and Stay Would Prejudice the Plaintiff

After the PTAB instituted a CBM review of the patents-in-suit, Google sought a stay of the litigation pending resolution of CBM review by the PTAB. The district court explained that "[c]ourts consider four factors when...more

Board Accelerates Covered Business Method Review to Reduce Duplicative Litigation

In Fidelity National Information Services, Inc. v. DataTreasury Corporation, CBM2014-00020, Paper 23 CBM2014-00021, Paper 24 (July 11, 2014...more

Federal Circuit Favors Stay of Litigation Pending CBMR

In Virtualagility Inc. v. Salesforce.com, Inc., [2014-1232] (July 20. 2014), the Federal Circuit reversed the district court’s denial of a stay of an infringement suit pursuant to AIA § 18(b)(1) pending disposition of a...more

Federal Circuit Reverses District Court and Orders Stay Pending Covered Business Method Patent Review

On July 10, 2014, the U.S. Court of Appeals for the Federal Circuit addressed a statutory provision of the recently enacted America Invents Act (AIA) that permits a stay of a district court patent litigation pending a Covered...more

CBM Can Turn The Tables In Patent Litigation

New patent infringement lawsuits fill the dockets every morning. The asserted patents are often directed to a process involving financial services or products, electronic commerce or monetary matters. The patents may...more

Federal Circuit: Eastern District of Texas Should Have Stayed Litigation Pending USPTO Covered Business Method Review Proceeding

Covered Business Method Review (CBM) proceedings for challenging patents at the USPTO are more attractive than ever now that the Federal Circuit reversed an Eastern District of Texas judge’s denial of a motion to stay pending...more

Patents Filed and Institution Decisions on July 10, 2014

New Petitions Filed - Actavis, Inc. filed IPR2014-01126 (July 10, 2014) challenging U.S. Patent No. RE38,551. NEC Corporation of America filed IPR2014-001131 (July 10, 2014) challenging U.S. Patent No. 6,819.923,...more

Docs @ BIO -- Federal District Court vs. the PTAB

Yesterday, BIO 2014 presented a session entitled "Navigating Patent Challenges Under the America Invents Act" during which the presenters analyzed the differences between patent challenges in Federal District Court and before...more

Alice is Unanimous – The Latest on Software and Business Methods Patents from the U.S. Supreme Court

Last week, the U.S. Supreme Court unanimously affirmed their earlier ruling on patent claims involving computers and software. For the most part, those companies and inventors who have business methods patents, software...more

Supreme Court Reaffirms Computerized Abstract Ideas Not Patent-Eligible

Alice Corp. v. CLS Bank International - Justice THOMAS delivered the Court’s unanimous opinion. Justice SOTOMAYOR filed a concurring opinion, in which Justices GINSBURG and BREYER joined. Appeal from the Federal...more

The Supreme Court's Limelight Continues to Rein in the Federal Circuit

For the second time in less than two months the Supreme Court unanimously redefines patent law by overturning a Federal Circuit case regarding induced infringement. In Limelight Networks, Inc. v. Akamai Technologies,...more

Judge Forrest Grants Stay Following Filing of CBM Petition

Capital Dynamics AG et al. v. Cambridge Associates, LLC - Case Number: 1:13-cv-07766-KBF (Dkt. 42) Judge Forrest granted defendant Cambridge Associate’s motion to stay the case pending the outcome of a Covered...more

Patent Filings for June 3, 2014

New Filings - Excelsior Medical Corporation filed IPR2014-00880 challenging U.S. Patent No. 8,740,864....more

District Court Partially Denies Stay Motion Where CBM Review Did Not Encompass All Patents-in-Suit

Plaintiffs Versata Software, Inc. and Versata Development Group, Inc. (collectively, "Versata") filed a patent infringement action in July 2012 against defendant Callidus Software, Inc. ("Callidus") The patents were all...more

Liberty Mutual Achieves Total Knockout of Progressive Patents in Series of Post-Grant CBM Proceedings

A recent dispute involving major automobile insurance companies resulted in the invalidation of five patents through the initiation of post-grant Covered Business Method Patent Review proceedings. The dispute demonstrates...more

IP Buzz - Post Grant Practice

In this issue: - IPR Spotlight Series: Preparing and Filing a Petition - AIA Trials By Fire: How to Protect Your Patent Portfolio Against PTAB "Death Squads" - Should I Stay or Should I Go [to the PTAB]...more

AIA Trials By Fire: How to Protect Your Patent Portfolio against PTAB "Death Squads"

Under the America Invents Act (AIA), patent challengers now have three new kinds of post-grant review with which to attack a patent's validity: inter partes review (IPR), post-grant review (PGR), and covered business method...more

Open for Business: The PTO Offers a Fast and Low-Cost Shot at Invalidating Business Method Patents

Business method patents exploded in the mid-1990s, leaving companies vulnerable to patents that many felt never should have been issued. The expense of litigation and the high hurdle to invalidating issued patents caused many...more

AIA Statistics: A Closer Look at the Outcome of AIA Trials Based on the Year of Patent Issue

Since September 16, 2012, inter partes review (IPR) and covered business method (CBM) review have been available as proceedings to challenge the validity of patents before the PTO. This article looks at how the Patent Trial...more

Post-Grant Report - May 2014: Playing Offense As A Defendant: Using Covered Business Method Review To Turn The Tables In Patent...

New patent infringement lawsuits fill the dockets every morning. The asserted patents are often directed to a process involving financial services or products, electronic commerce, or monetary matters. The patents may...more

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