Covered Business Method Patents

News & Analysis as of

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

It’s Not All that Bleak for Patent Owners at the PTAB

LKQ Corp. v. Clearlamp, LLC; MicroStrategy, Inc. v. Zillow, Inc.; Kyocera Corp. v. Softview LLC - In addition to the many IPRs and CBM reported in this issue, the Patent Trial and Appeal Board (PTAB) has now issued...more

A Primer On Claim Amendments in Post-Grant Review

Bloomberg Inc. et al. v. Markets-Alert Pty Ltd. - In the final written decision of a covered business method (CBM) review, the Patent Trial and Appeal Board (PTAB) sided with the petitioner, canceling all claims under...more

Patent Trial and Appeal Board Statistics

Inter partes review (“IPR”) and covered business method review (“CBM”) became options for challenging issued patents under the America Invents Act on September 16, 2012. These proceedings are turning out to be even more...more

Snapshot Overview of Options for Post-Issuance Challenges Before the PTAB

There are three available types of post-issuance challenges to the validity of a patent: (1) Inter Partes review; (2) Transitional Program for Covered Business Method Patents; and (3) Post-Grant Review. Another option not...more

Federal Circuit to Review PTAB Post-Grant Review Proceedings in SAP v. Versata: PTAB Jurisdiction; Grounds on Which Invalidity May...

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...more

First AIA Roundtable Hints at More Conservative Approach to PTAB Review

On April 15, 2014, the Patent Trial and Appeal Board (“PTAB”) hosted the first in a series of eight scheduled roundtable discussions intended to share information about the new America Invents Act (“AIA”) trials, including...more

Ruling in Eastern District of Texas Sets the Stage for the Federal Circuit to Revisit Fresenius v. Baxter

Versata Software, Inc. et al. v. SAP America, Inc. et al., Case No. 2:07cv153-RSP (E.D. Tex.) - Versata v. SAP has been a dispute that the patent bar has followed with interest because it spawned the very first Covered...more

Stay Before Institution Decision Would be Premature

In Chicago Mercantile Exchange, Inc. v. 5th Market, Inc., CBM2014-00114, Paper 4, April 15, 2014), petitioner sought a stay of co-opending inter partes reexamination, in view of the covered business method review that it...more

Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -...more

No 102(e) Prior Art in a CBMR

In Trulia, Inc, v. Zillow, Inc., CBM2013-00056, Paper 19 (April 10, 2014), it was called to the Board’s attention that the prior art relied upon in the petition was 102(e) which is not proper prior art for a covered business...more

PTAB Reluctant to Exclude Evidence - Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co.

In the final written decisions of two related covered business method (CBM) patent reviews of the same patent, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (Board) sided with the petitioner,...more

Will the Supreme Court Save Business Method Patents? Alice Corp. Pty. Ltd. v. CLS Bank Int’l, No. 13-298

Last week, the U.S. Supreme Court heard oral argument in Alice Corp. Pty. Ltd. v. CLS Bank Int’l (No. 13-298) to decide “[w]hether claims to computer-implemented inventions . . . are directed to patent-eligible subject matter...more

70 Results
|
View per page
Page: of 3