News & Analysis as of

Patent Reform Patents Covered Business Method Patents

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - February 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Declines to Extend Patent Exhaustion Doctrine - In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more

McDonnell Boehnen Hulbert & Berghoff LLP

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

Knobbe Martens

Protecting and Enforcing your High Technology Intellectual Property

Knobbe Martens on

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

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

12 Observations on Covered Business Method Review

CBM: When the America Invents Act (AIA) was passed in 2011, it ushered in a number of new post-grant options to challenge and defend patents at the United States Patent and Trademark Oce. One of these newly-created...more

Goodwin

The Year Ahead in Patent Law

Goodwin on

2014 promises to be an eventful year in patent law. On the legislative front, several patent reform initiatives have been introduced, including House and Senate bills to broaden the definition of CBM patents and crack down on...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

Foley & Lardner LLP

District Court Refuses to Review USPTO Decision to Institute Post Grant Review of Versata Covered Business Method Patent

Foley & Lardner LLP on

In Versata Development Corp. v. Rea, the U.S. District Court for the Eastern District of Virginia dismissed Versata’s challenge of the PTAB’s decision to institute post grant review of its patent for lack of jurisdiction....more

Knobbe Martens

Three New Tools to Challenge Patents

Knobbe Martens on

Among the most significant changes made by the America Invents Act (AIA) are the provisions that permit a business to challenge a patent at the U.S. Patent and Trademark Office in litigation-type proceedings, but at a lower...more

Foley & Lardner LLP

A Quick Look at the First Patent Trial and Appeal Board Decision in a Covered Business Method Patent Proceeding, SAP America, Inc....

Foley & Lardner LLP on

On June 11, 2013, the USPTO Patent Trial and Appeal Board (PTAB) issued its first final decision in a covered business method patent (CBM) proceeding, in SAP America, Inc. v. Versata Development Group, Inc. (CBM2012-00001)....more

McDermott Will & Emery

Focus on Private Equity - Issue 2, June 2013

McDermott Will & Emery on

In This Issue: - Avoiding Repricing Pitfalls - America Invents Act: Practical Considerations for Portfolio Companies. - Excerpt from Avoiding Repricing Pitfalls: Perhaps it is no more than a result of...more

Stinson LLP

Intellectual Property Alert: First Decision In New AIA Process Invalidates Software Business Method Patent As Unpatentable Subject...

Stinson LLP on

On June 11, 2013, the first decision in the new post grant review (PGR) process created by the 2011 America Invents Act (AIA) was issued. ...more

Wilson Sonsini Goodrich & Rosati

Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act...more

Orrick, Herrington & Sutcliffe LLP

Patent Office Issues First Decision Invalidating Patent Under New AIA Rules

The U.S. Patent & Trademark Office recently issued its first decision under the America Invents Act’s new system for reviewing the validity of patents. See SAP America, Inc. v. Versata Dev. Group, Inc., Case CBM2012-00001...more

McDermott Will & Emery

IP Update, Vol. 16, No. 3, March 2013

McDermott Will & Emery on

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

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

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

Buchalter

The America Invents Act: All Grown Up in 2013

Buchalter on

The America Invents Act (AIA), which was commonly referred to as the “patent reform bill,” was signed into law in 2011, rolled out in 2012 and 2013, and business owners are still wondering what, if anything, it means to them....more

Wilson Sonsini Goodrich & Rosati

Federal Court in Delaware Issues First Stay Pending Covered Business Method Review under Section 18(b)(1) of the America Invents...

On February 5, 2013, Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware issued an order staying litigation pending review by the Patent Trial and Appeal Board under the Transitional Program for...more

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

America Invents Act: Prior User Commercial Rights

Prior to the AIA, Section 273 provided a defense to business method patents only. Now, Section 273 provides an expanded defense based on earlier commercial use of a process or instrumentality used in a manufacturing or other...more

Winthrop & Weinstine, P.A.

Changes to U.S. Patent Law Under the AIA Take Effect September 16, 2012

Important provisions of the America Invents Act ("AIA"), the most significant patent reform legislation in decades, will be implemented by the United States Patent and Trademark Office ("USPTO") over the next six months....more

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