News & Analysis as of

Covered Business Method Proceedings

Jones Day

Eligibility for a Covered Business Method Review

by Jones Day on

The PTAB recently clarified eligibility for a covered business method review (CBM). See Xerox Corp. v. Bytemark, Inc., No. CBM2018-00011 (P.T.A.B. July 12, 2018) (Paper 12). To establish standing for CBM review, a petitioner...more

Jones Day

CBM Filings Trickling As Shutoff Date Approaches

by Jones Day on

A Covered Business Method (“CBM”) patent review permits a petitioner to challenge a patent having claims “used in the practice, administration, or management of a financial product or service,” and that do not claim a...more

Jones Day

Is the Government a “Person” Who May Institute PTAB Trials?

by Jones Day on

The America Invents Act (“AIA”) provides that a “[a] person may not file a petition for [covered business method review] unless the person or the person’s real party in interest or privy has been sued for infringement or...more

Morgan Lewis

2018 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

by Morgan Lewis on

Up-to-date and well-informed insights into PTAB proceedings from our Intellectual Property practice’s PTAB Working Group. Significant developments in 2017 include: ..Judicial review of institution decisions was expanded...more

Foley & Lardner LLP

Federal Circuit Chastises PTAB Over Moving Target On Ex Parte Appeal

by Foley & Lardner LLP on

The Federal Circuit decision in In re Durance is a rare precedential decision in an ex parte appeal from a Patent Trial and Appeal Board (PTAB) decision rejecting a pending patent application. The Court took the USPTO to task...more

Buchanan Ingersoll & Rooney PC

Possible Changes on the Way in IPRs, PGRs and CBMs – From Broadest Reasonable Interpretation to a Phillips Standard, Consideration...

As the sixth anniversary for implementation of inter partes reviews (“IPRs”), post-grant reviews (“PGRs”), and covered business method patent reviews (“CBMs”) under the America Invents Act approaches, the U.S. Patent and...more

Buchanan Ingersoll & Rooney PC

PTAB Experiences a Spike in New IPR Filings After Oil States

In its latest AIA trial statistics report, the PTAB has indicated that 160 petitions for inter partes review (IPR) were filed in May. This represents the most IPR petitions filed in a month since last June....more

WilmerHale

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

by WilmerHale on

On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more

Weintraub Tobin

USPTO Proposes Change In Claim Construction Standard For PTAB Proceedings Under The AIA

by Weintraub Tobin on

Currently, the standard for claim construction is different in AIA reviews before the United States Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB) than in proceedings in federal district courts...more

Pepper Hamilton LLP

USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

by Pepper Hamilton LLP on

On May 9, 2018, U.S. Patent and Trademark Office (PTO) issued a notice of proposed rule for changing the standard for construing claims in unexpired patents in inter partes review (IPR), post-grant review (PGR), and...more

Knobbe Martens

USPTO Proposes Phillips-Type Claim Construction For Post Grant Proceedings at the PTAB

by Knobbe Martens on

The USPTO published a Notice of Proposed Rulemaking on May 9, 2018 seeking to change the claim construction standard for PTAB trials from the current broadest reasonable interpretation (BRI) to the claim construction standard...more

McKee, Voorhees & Sease, P.L.C.

USPTO Proposed Rule Change to Adopt the Same Standard for Interpreting Claims in AIA Trials as the US District Courts and ITC

The big news of this week in the U.S. patent world is the publication of the Notice of Proposed Rule Making (NPRM) by the U.S. Patent & Trademark Office (USPTO) on May 9, 2018, for “Changes to the Claim Construction Standard...more

Goodwin

PTO Proposes Replacing Broadest Reasonable Interpretation Claim Construction Standard in IPR, PGR, CBM Proceedings

by Goodwin on

Today, the PTO announced proposed rulemaking to change the claim construction standard applied by the PTAB in IPR, PGR, and CBM proceedings. In particular, the PTO proposes replacing the broadest reasonable interpretation...more

Snell & Wilmer

Supreme Court Confirms Inter Partes Review Is Constitutional

by Snell & Wilmer on

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the United States Supreme Court held today, in a 7-2 decision, that the inter partes review process under the America Invents Act (AIA), 35 U.S.C. § 100 et...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oil States Energy Services, LLC. v. Greene's Energy Group, LLC (2018)

Earlier today, April 24, 2018, the Supreme Court held in Oil States Energy Services, LLC v. Greene's Energy Group, LLC that inter partes review proceedings do not violate Article III or the Seventh Amendment of the...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up – March 2018

by Fish & Richardson on

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of various substantive orders issued in pending cases....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - April 2018

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we tackle three important...more

Knobbe Martens

Defendant Is Not Estopped from Relying on a Prior Art Reference in District Court that Is Related to a Reference Used in a CBM So...

by Knobbe Martens on

In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in Limine and held that CBM estoppel does not apply to related applications...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Institutes Its First Derivation Trial: Andersen Corp. v. GED Integrated Solutions, Inc.

Under the America Invents Act, the Patent Trial and Appeal Board has been busy handling inter partes review (IPR), covered business method review (CBM), and post-grant review (PGR) proceedings. Petitioners have filed...more

Brooks Kushman P.C.

PTAB Designates Two New Informative Decisions Addressing Its Discretion To Deny Review Under 35 U.S.C. § 325(D) Based On Prior...

by Brooks Kushman P.C. on

The PTAB recently designated two decisions as informative that concern its discretion to deny institution of an IPR/CBM petition. Under 35 U.S.C. § 325(d), “In determining whether to institute or order a proceeding . . . the...more

Wilson Sonsini Goodrich & Rosati

2017 PTAB Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present our 2017 PTAB Year in Review. We begin our report with a review of 2017 petition filings at the Patent Trial and Appeal Board (PTAB), which continues to be one of the...more

Jones Day

PTAB Statistics for Calendar Year 2017

by Jones Day on

The PTAB has posted the AIA Trial Statistics through the end of calendar year 2017. The statistics are available for download at the PTO website....more

Knobbe Martens

Post-Institution Disclaimer Insufficient to Avoid CBM Review

by Knobbe Martens on

The PTAB has determined that a patent owner may not moot a CBM proceeding by disclaiming claims post-institution. Emerson Electric Co. v. SIPCO, LLC, CBM2016-00095, Paper 39 (P.T.A.B. Jan. 16, 2018)....more

Buchanan Ingersoll & Rooney PC

Portion of PTAB’s Facebook Decision Addressing Pre-Institution Statutory Disclaimers Designated as Precedential

True to its ongoing effort to increase the number of precedential decisions, the Patent Trial and Appeal Board (“P.T.A.B.”) designated, on December 21, 2017, a portion of its Decision on Petitioner’s Request for Rehearing in...more

Workman Nydegger

Broadening Your Issued Patent - A Chance to Fix the Past

by Workman Nydegger on

Patent owners considering enforcement frequently wonder what they can do to strengthen their patent, more commonly to add claims that better cover known infringers, but also whether to correct errors in spelling and syntax. ...more

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