News & Analysis as of

Post-Grant Review Covered Business Method Patents

Knobbe Martens

PTO Explains that Old School Proceedings (Reissue/Reexam) Must Generally Yield to New School Proceedings (AIA Trials) for Claim...

by Knobbe Martens on

Recently, the PTO issued a Notice providing guidance on how the Board treats reissue and reexamination proceedings while an AIA trial on the same patent is co-pending. The guidance comes in response to public comments and...more

Polsinelli

Comparison of Post-Grant Proceedings

by Polsinelli on

Please see Charts below for more information....more

Alston & Bird

Patent Case Summaries

by Alston & Bird on

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Announces Pilot Program Related to Motions to Amend in PTAB Trials

On March 14, 2019, The U.S. Patent and Trademark Office announced a new pilot program relating to motions to amend in post-grant review proceedings (post-grant review, inter partes review, and covered business methods...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sanofi Mature IP v. Mylan Laboratories Ltd. (Fed. Cir. 2019)

One of the criticisms of the post-grant review proceedings instituted under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business method review) was the (relative) unavailability of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Momenta Pharmaceuticals, Inc. v, Bristol-Myers Squibb Co. (Fed. Cir. 2019)

The Federal Circuit has on several occasions taken the opportunity to address (and in doing so, flesh out) the requirements for Article III standing to appeal an adverse determination in a post-grant review proceeding...more

Hogan Lovells

Phillips claim construction standard used by U.S. Courts to now apply to PTAB proceedings

by Hogan Lovells on

The United States Patent and Trademark Office (“USPTO”) has published its new Final Rule on the standard of review used in construing challenged patent claims in the Patent Trial and Appeal Board (“PTAB”). ...more

Bradley Arant Boult Cummings LLP

Changes to PTAB’s Claim Construction Standard - Intellectual Property News

On October 10, 2018, the United States Patent and Trademark Office (USPTO) announced that it will issue a final rule changing the claim construction standard for interpreting claims in inter partes review (IPR), post-grant...more

Williams Mullen

PTAB Adopts Phillips Claim Construction Standard for AIA Challenges

by Williams Mullen on

Last week, the U.S. Patent and Trademark Office (“Patent Office”) published its Final Rule Package modifying the claim construction standard used in challenges before the Patent Trial and Appeal Board (“PTAB”), including...more

Mintz - Intellectual Property Viewpoints

PTAB Adopts the Phillips Claim Construction Standard in AIA Proceedings

Today the Patent Trial and Appeal Board announced a final rule changing the claim construction standard for interpreting claims in inter partes review (“IPR”), post-grant review (“PGR”), and covered business method patent...more

Pepper Hamilton LLP

PTAB Abandons Its Practice Of Broadly Interpreting Claims Of Challenged Patents In Favor Of Phillips Standard Of “Ordinary And...

by Pepper Hamilton LLP on

In a final rule published in the Federal Register on October 11, 2018, the U.S. Patent and Trademark Office (USPTO) took a remarkable step of acknowledging unfairness in the way its Patent Trial and Appeal Board (PTAB) has...more

Shook, Hardy & Bacon L.L.P.

USPTO Changes Claim Construction Standard Used In AIA Trial Proceedings

by Shook, Hardy & Bacon L.L.P. on

On October 10, 2018, the United States Patent & Trademark Office (USPTO) published a final rule that changes the current “broadest reasonable interpretation” or BRI standard used in inter partes review (IPR), post grant...more

McDonnell Boehnen Hulbert & Berghoff LLP

Coming Soon: New Claim Construction Standard for Many AIA Trial Proceedings

The U.S. Patent and Trademark Office (USPTO) announced today, Octoer 10, 2018, that it is issuing a final rule that will change the claim construction standard applied during many inter partes review (IPR), post-grant review...more

WilmerHale

Agency Concludes Review of USPTO Rule on Claim Construction, Paving the Way to USPTO Final Rule

by WilmerHale on

On October 3, the Office of Information and Regulatory Affairs (OIRA) completed its review of the US Patent and Trademark Office’s (USPTO) proposed new rule regarding changing the claim construction standard applied in...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Proposes Harmonizing Claim Construction Standard In PTAB Proceedings

The U.S. Patent and Trademark Office published a notice of proposed Rulemaking in the Federal Register (83 Fed. Reg. 21221) today, May 9, 2018, which would provide a change to the claim construction standard used in Inter...more

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

An Early Obituary for CBM Review

Looking forward about two years, you may flip through the New York Times obituaries section to find the following: On September 16, 2020, covered business method (CBM) review, age 8, passed away. Born out of a desire to...more

Ballard Spahr LLP

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more

Knobbe Martens

Patent Trial and Appeal Board Activity in the First Five Years+

by Knobbe Martens on

September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here....more

Bryan Cave Leighton Paisner

Life, Liberty, and…IPRs? SCOTUS to Weigh in on Constitutionality of Inter Partes Review Proceedings

by Bryan Cave Leighton Paisner on

Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more

Dentons

Supreme Court to consider constitutionality of inter partes reviews

by Dentons on

After rejecting three prior requests, the Supreme Court has now granted certiorari to decide whether inter partes review (IPR) is constitutional. In its petition filed November 23, 2016, Oil States Energy Services, LLC, asked...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

McDonnell Boehnen Hulbert & Berghoff LLP

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

McDonnell Boehnen Hulbert & Berghoff LLP

Post-Grant Review Estoppel – Looking Forward by Looking Back at Estoppel in Inter-Partes and Covered-Business-Method Review

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Brooks Kushman P.C.

Patent Claims, Not Embodiments Disclosed in Specification or Litigation Strategy, Determine Eligibility for Covered Business...

by Brooks Kushman P.C. on

A divided Federal Circuit panel recently vacated a Patent Trial and Appeal Board final decision ruling that challenged patent claims were unpatentable, by holding that the patent was not eligible for review under the...more

Weintraub Tobin

Can You Appeal the PTAB’s Decision to Institute Review of Patent Claims on Grounds Not Raised in an IPR, PGR, or CBM Petition?

by Weintraub Tobin on

The America Invents Act provided several procedures for challenging the validity of patent claims, including inter partes review (“IPR”), post-grant review (“PGR”) and covered business method patent challenges (“CBM”). An...more

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