Covered Business Method Proceedings

News & Analysis as of

Federal Circuit Review | April 2016

Federal Circuit Upholds Broad Scope of CBM Review and Explains that an Internet Reference Must be Indexed by a Search Engine to Qualify as a Prior Art Publication - In Blue Calypso, LLC v. Groupon, Inc., Appeal Nos....more

Amended PTAB Rules to Take Effect on May 2, 2016

On May 2, 2016, amended rules governing post-grant proceedings before the Patent and Trial Appeal Board (“PTAB”), including inter partes review (“IPR”), post-grant review (“PGR”), and covered business methods (“CBM”), will...more

Court Invalidates Claims Under §101 After PTAB Denies CBM Review

A Covered Business Method (CBM) review applies to patents that “claim[] a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial...more

Patent Owners Now Estopped From Relying On PTAB Estoppel

A recent Federal Circuit decision on a writ of mandamus as to the scope of the estoppel provided in 35 U.S.C § 315(e) appears to be contrary to the scope that practitioners and the legislators had in mind when the America...more

USPTO Publishes Substantive Changes to PTAB Rules

On April 1, 2016 the USPTO published the final rules that make substantive changes to the Patent Trial and Appeal Board (PTAB) trial practice rules for inter partes review (IPR), covered business method (CBM), and post-grant...more

Amendments to Rules of Practice before the Patent Trials and Appeals Board (PTAB)

The amendments are in the April 1, 2016 Federal Register. The amendments are effective May 2, 2016, and apply not only to new petitions, but to ongoing ones. Thus, for example, if the deadline for a preliminary response, or...more

New Rules for Patent Office Litigation: Will They Make Patent Owners Happy?

On April 1, the U.S. Patent and Trademark Office (USPTO) published new rules for the increasingly popular America Invents Act (AIA) proceedings, such as inter partes reviews, covered business method reviews, and post-grant...more

PTO Issues Final Rule Changes to IPR Proceedings

The PTO issued its long-anticipated rule changes for IPR and PGR proceedings. These rules follow up on immediate changes to the rules that were implemented about a year ago. Generally considered pro-Patent Owner changes to...more

The New AIA Rules May Help Patent Owners Avoid Trial

On May 2, 2016, the amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board go into effect, and apply “to all AIA petitions filed on or after the effective date and to any ongoing AIA...more

PTO Issues New Final Rules for PTAB Proceedings

New rules give more options to patent owners and petitioners in pre-institution phase. On March 31, 2016, the Patent and Trademark Office (PTO) issued new final rules to govern practice before the Patent Trial and Appeal...more

New Rules of Practice for Trials before the PTAB

A final rule has been published with amendments to the rules of practice before the PTAB. The amendments are effective May 2 and apply to both petitions filed on or after May 2 as well as ongoing AIA preliminary preceding or...more

New Rules For Patent Validity Challenges: What You Need To Know

On March 31, 2016, the United States Patent & Trademark Office (USPTO) issued new final rules to make targeted modifications to the existing consolidated set of rules implementing provisions of the Leahy-Smith America Invents...more

USPTO Issues Scaled-Down Revised Rules For PTAB Trials

On April 1, 2016, the U.S. Patent and Trademark Office published final rules modifying some procedures used in AIA trials before the Patent Trial and Appeal Board (PTAB). The revised rules arise from comments received from...more

Weighing the Recent Decline in Post-Grant Institution Rates

The Patent Trial and Appeal Board's ("PTAB") rate of institution of trials under the America Invents Act ("AIA") has been steadily declining since its inception. During the U.S. Patent and Trademark Office's (USPTO) first...more

USPTO to Implement Significant Rule Changes for AIA Trial Proceedings Impacting Both Petitioners and Patent Owners

The United States Patent and Trademark Office (USPTO) has released the final set of the latest round of changes to the rules governing inter partes review, post grant review, and other AIA trial proceedings before the Patent...more

PGR, IPR, and CBMPR Rules Amended Effective May 2, 2016

Rule 37 CFR 42.11 has been amended to provide for sanctions against parties and attorneys...more

U.S. Patent and Trademark Office Announces Rule Amendments for Trials Before the Patent Trial and Appeal Board

In an April 1, 2016 Federal Register Notice (“Notice”),1 the United States Patent and Trademark Office (“Office”) finalized amendments to rules governing trial practice for inter partes review, post-grant review, transitional...more

USPTO Publishes New PTAB Trial Rules

Today, the U.S. Patent and Trademark Office (USPTO) published in the Federal Register a final rule to amend the existing rules of practice for inter partes review, post-grant review, the transitional program for covered...more

New PTAB Trial Rules Will Apply to AIA Proceedings Effective May 2

Early last year, the USPTO released a set of “quick fix” changes to AIA trial procedures before the Patent Trial and Appeal Board (PTAB). On August 20, 2015, the USPTO proposed a second set of rule changes that addressed more...more

USPTO Releases Major AIA Rule Changes to Take Effect Soon

On March 31, 2016, the US Patent and Trademark Office (“USPTO”) filed a notice in the Federal Register adopting the amendments to AIA Proceedings that it proposed in August 2015 and subsequently opened for public...more

Amended PTAB Rules Give Patent Owners a Boost

The U.S. Patent and Trademark Office (USPTO) has unveiled a series of new rules that provide for significant changes to the procedures followed in Patent Trial and Appeal Board (PTAB) proceedings, including inter partes...more

New Final Rules for Post-Grant Proceedings Published by USPTO on April Fools Day

The USPTO has gone ahead and finalized new rules for post-grant proceedings under the America Invents Act (AIA) – despite heavy criticism that the rules do little to alter the lopsided nature of these proceedings. The new...more

Patent Due Diligence: All That Glitters May Not Be PTAB Gold

An obvious but sometimes overlooked item when conducting patent due diligence is to check for PTAB proceedings (CBM, IPR, or PGR). Although the Patent Application Information Retrieval System (PAIR) does show whether patents...more

Mitchell International, Inc. v. Audatex North America, Inc. (PTAB 2016)

PTAB Ignores District Court Claim Construction, Finds Patent Invalid - On February 19, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent...more

The PTAB and the Federal Circuit – One Year Later

February 4, 2016, marked the one-year anniversary of the initial In re Cuozzo Speed Technologies, LLC[1] Federal Circuit decision – the first opinion stemming from the first appeal of the first final written decision of the...more

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