Judicial Review Patents

News & Analysis as of

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

PTAB Prevails in First Appeal of a CBM Review - Versata Development Group, Inc. v. SAP America, Inc.

In the first appeal of a covered business method (CBM) review, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) decision, and explained that the eligibility of a...more

Federal Circuit Adopts USPTO Positions in Clarifying Ground Rules For CBM Review, Holds Versata Pricing Patent Invalid

The Leahy-Smith America Invents Act (AIA) introduced post-grant administrative proceedings as a new mechanism for challenging the validity of issued patents without the need to resort to federal court litigation. In a recent...more

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

Daiichi Sankyo Co. v. Lee (Fed. Cir. 2015)

Earlier this month, in Daiichi Sankyo Co. v. Lee, the Federal Circuit affirmed the decision by the District Court for the District of Columbia granting summary judgment to the Director of the U.S. Patent and Trademark Office...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

Federal Circuit Allows Judicial Review of PTAB's Determination That Patent Qualifies as "Covered Business Method"

On July 9, 2015, a divided Federal Circuit held in Versata Development Group, Inc. v. SAP America, Inc., No. 14-1194, that it can review Patent Trial and Appeal Board (PTAB) determinations that a patent is a "covered business...more

District Courts Have No Jurisdiction to Review Board Decision for Interferences Declared after September 15, 2012 - Biogen MA,...

Addressing the impact of the America Invents Act (AIA) on judicial review of interference proceedings, the U.S. Court of Appeals for the Federal Circuit confirmed that a district court may not review Patent Trial and Appeal...more

Supreme Court Update: Horne V. Dep't Of Agriculture (14-275), Kimble V. Marvel Entertainment (13-720), Patel V. City Of Los...

Raisins, radioactive wrists, Red Roof registries, and reformatory roughhousing were all on the Court's radar Monday (it's a very broad radar horizon), as it issued decisions in Horne v. Dep't of Agriculture (14-275), holding...more

Pending Petition for CBM Review Results in Litigation Stay

The stay provisions of America Invents Act § 18(b) related to covered business method patent review1 (“CBM review”) were recently applied in Market-Alerts Pty. Ltd. v. Bloomberg Fin. L.P. et al., C.A. No. 12-780-GMS (D....more

Patent Watch: Pregis Corp. v. Kappos

[A] third party cannot sue the PTO under the APA to challenge a PTO decision to issue a patent. On December 6, 2012, in Pregis Corp. v. Kappos, the U.S. Court of Appeals for the Federal Circuit (Prost, Clevenger,...more

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