News & Analysis as of

Covered Business Method Proceedings

Federal Circuit PTAB Appeal Statistics – August 2017

by Finnegan – AIA Blog on

Through August 1, 2017, the Federal Circuit decided 236 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 175 (74.15%) cases, and reversed or vacated the PTAB on every issue in 25...more

IPR and CBM Statistics for Final Written Decisions Issued in June 2017

by Finnegan – AIA Blog on

The Patent Trial and Appeal Board issued 50 Final Written Decisions in June. It was a relatively difficult month for patent owners, with the Board cancelling 555 (80.32%) of the instituted claims while declining to cancel...more

Interplay Between “Technological Invention” and “Significantly More” in PTAB CBM Review

by Knobbe Martens on

On July 18, 2017, the United States Patent and Trademark Office Patent Trial and Appeal Board (“PTAB”) instituted a covered business method (“CBM”) patent review for U.S. Patent No. 8,955,029 (“the ’029 patent”) on grounds of...more

Cloud9 Technologies LLC v. IPC Systems, Inc. (PTAB 2017)

Petitioner Cloud9 requested covered business method (CBM) review of IPC's U.S. Patent No. 8,189,566 before the USPTO's Patent Trial and Appeal Board. Due to the claims of the '566 patent not reciting a financial element, the...more

Federal Circuit PTAB Appeal Statistics – July 2017

by Finnegan – AIA Blog on

Through July 1, 2017, the Federal Circuit decided 224 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 168 (75%) cases, and reversed or vacated the PTAB on every issue in 22 (9.82%)...more

IPR and CBM Statistics for Final Written Decisions Issued in May 2017

by Finnegan – AIA Blog on

The Patent Trial and Appeal Board issued 41 Final Written Decisions in May. It was a relatively patentee-friendly month, with the Board cancelling 269 (48.04%) of the instituted claims while declining to cancel 287 (51.25%)...more

Federal Circuit Finds Claims Directed to Securing Financing Patent Ineligible

by Knobbe Martens on

In a precedential opinion, the Federal Circuit affirmed the determination by the Patent Trial and Appeal Board (“PTAB”) in a covered business method review proceeding that the claims of U.S. Patent No. 6,950,807 for providing...more

STRONGER Patents Act Proposes Substantial Changes to AIA Trial Proceedings

On September 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is an acronym for “Support Technology and Research for Our Nation’s Growth and Economic Resilience.” The...more

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape

Supreme Court’s Ruling on AIA Patent Reviews Could Reverberate Across Patent Law Landscape - Key Takeaways - The impact of the Court’s grant of Oil States’s petition for certiorari, and their subsequent decision on...more

Patent Holders Can Evade CBM by Disclaiming CBM Claims

by McDermott Will & Emery on

Addressing petitioner’s urging that the Patent Trial and Appeal Board (PTAB) import the district court “time of filing” rule to institution decisions for covered business method (CBM) reviews, the PTAB once again held that...more

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

Earthquake Coming? Supreme Court to Weigh Constitutionality of IPRs (2nd Article)

On June 12, the Supreme Court took certiorari on probably the biggest IPR case possible: a case challenging the constitutionality of IPRs on separation-of-powers and seventh amendment grounds. This comes just a few weeks...more

Earthquake Coming? Supreme Court to Weigh Constitutionality of IPRs

It’s no secret that patentees have been generally unhappy with both the process and outcomes of AIA reviews. Now the Supreme Court has agreed to decide whether the entire AIA review system will be eliminated on...more

Federal Circuit Patent Updates - June 2017

by WilmerHale on

Nexlearn, LLC v. Allen Interactions, Inc. (No. 2016-2107, -2221, 6/19/17) (Moore, Schall, Hughes) Moore, J. Affirming dismissal due to lack of personal jurisdiction....more

Supreme Court to Determine the Future of the PTAB’s Post-Grant Reviews

by Latham & Watkins LLP on

The key question for the Court is whether an agency or only an Article III court may cancel an issued patent - The Supreme Court granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, No....more

Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings

by Snell & Wilmer on

The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s...more

Supreme Court Will Decide Whether IPRs Are Unconstitutional

by Knobbe Martens on

The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents – is unconstitutional in Oil...more

High Court to Address Constitutionality of Inter Partes Reviews

On June 12, 2017, the U.S. Supreme Court in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (U.S. June 12, 2017) granted certiorari to decide next term if certain American Invents Act (AIA) review proceedings,...more

Is The Handwriting On The Wall For IPR's? Supreme Court To Decide…

by Brinks Gilson & Lione on

On June 12, 2017, the U.S. Supreme Court announced a grant of cert for Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, on appeal from the Federal Circuit....more

Oil States v. Lee Brings Mother of all IPR Cases to Supreme Court

On June 12, the Supreme Court took certiorari on probably the biggest IPR case possible: a case challenging the constitutionality of IPRs on separation-of-powers and seventh amendment grounds. This comes just a few weeks...more

Supreme Court to Decide Constitutionality of AIA Reviews

It’s no secret that patentees have been generally unhappy with both the process and outcomes of AIA reviews. Now the Supreme Court has agreed to decide whether the entire AIA review system will be eliminated on...more

Supreme Court to Review the Constitutionality of AIA Patent Review Proceedings

Yesterday, the Supreme Court granted certiorari in a case that may have profound implications for U.S. patent law by abolishing inter partes reviews at the U.S. Patent & Trademark Office (USPTO). In Oil States Energy...more

Estoppel in CBMR is Both Reviewable and Determined on a Claim by Claim Basis

In Credit Acceptance Corp. v. Westlake Services, [2016-2001](June 9, 2017), the Federal Circuit affirmed the PTAB decision that Westlake was not estopped to bring a Covered Business Method Review challenge to U.S. Patent No....more

Credit Acceptance Corp. v. Westlake Services (Fed. Cir. 2017)

Claims Directed to Providing Financing for Allowing a Customer to Purchase a Car found Invalid under 35 U.S.C. § 101 - In a precedential opinion, the Federal Circuit affirmed a final written decision of the Patent Trial...more

The PTAB Review - June 2017

Escaping PTAB Review Through Strategic Disclaimer in CBM Proceedings - A patent is only eligible for covered business method (CBM) review if it: (1) claims a method or apparatus for performing data processing or other...more

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