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First Covered Business Method Hearing Broadcast Wednesday
Public Can Listen to Arguments Telephonically As discussed last week, the very first petition for a Covered Business Method Patent Challenge (CBM) was filed on September 16th by SAP (CBM2012-00001)....
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Where Are All the Business Method Patent Challenges?
Low Demand To Date for Specialized PTAB Review Proceeding The new post grant patentability trials of the America Invents Act (AIA) are designed to serve as alternatives to costly patent litigation. One...
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Is it Malpractice to File a Declaratory Judgment of Invalidity After the AIA?
Failure to Consider AIA Patentability Challenges May Be Costly Mistake for Law Firms The face of patent litigation in the U.S. was forever changed on September 16, 2012. This was the date the post...
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Congress Poised To Force All Patent Trolls to PTAB
Senator Schumer Readies Second Round of Patent Reform Although many of the more significant changes to U.S. patent law provided by the America Invents Act (AIA) are only months old, Congress is already...
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E-Commerce & Software Patent Trolls Targeted by Congress
Senate Proposes Expansion of USPTO’s Business Method Patent Challenge Proceeding As I pointed out last week, Congress is considering fixes to the U.S patent system are designed to combat the patent...
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Should you Request a Rehearing of Your PTAB Trial Order?
Requests for Rehearing May Backfire on Patentees As detailed earlier this week, a patentee’s decision to file a preliminary response in an IPR/CBM preliminary proceeding is not as straightforward as...
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Protective Orders & New AIA Post Grant Patent Realities
Courts Grapple With Post Grant Patent Practice A standard component of any patent litigation is a protective order. Such orders will invariably include a “prosecution bar. ” The prosecution bar...
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PTAB Amendment Procedures Trip Up Patentees
Motion Practice Requirements Emphasized by Board The rules of the new patentability trials of the America Invents Act (AIA) are designed to ensure timely resolution within the statutorily mandated 12...
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First Business Method Patent Struck Down by PTAB
PTAB Delivers on Congressional Mandate As discussed previously, the very first petition for a Covered Business Method Patent Challenge (CBM) was filed on September 16th by SAP (CBM2012-00001). The...
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Congress Considers Helping Patent Trolls?
Not All of the New Patent Reform Ideas are Good Ones A few weeks back House Judiciary Committee Chair Bob Goodlatte (R-VA), released a “discussion draft” of further patent reform ideas. The Draft is a...
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CLS Bank to Drive PTAB Business Method Patent Challenges?
Supreme Court Review in CLS Bank to Create Perfect Storm for CBM Filings Patent Holders in the business method patent space received a sobering dose of reality a few weeks back when the USPTO Patent...
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CAFC Denies Stay in View of PTAB’s First CBM Decision
PTAB Written Decision Cancelling Claims of Patent Does Not Give CAFC Pause The CAFC denied SAP’s request to stay the further processing of their appeal (SAP is seeking en banc review) pending rehearing...
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Hundreds of PTAB Appeals Headed to CAFC in 2014
CAFC Standard of Review Options Critical in Appeals From USPTO The new patent challenge mechanisms of the America Invents Act (AIA) will greatly increase the number of CAFC appeal from the USPTO, as...
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Public Policy vs. PTAB Post Grant Settlements
USPTO Faces Public Policy Dilemma The Patent Trial & Appeal Board (PTAB) has the power to terminate an Inter Partes Review (IPR), Post Grant Review (PGR), or Transitional Proceeding for Covered...
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PTAB Quickly Becomes Busiest Patent Court in U.S.
AIA Alternatives to Patent Litigation Prove Wildly Popular It’s hard to believe that it has only been 10 months since September 16, 2012. On that date, the new patent challenge proceedings of the...
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Abusive Patent Litigation Practices Already More Difficult?
Congress Tinkers with Further Patent Reforms It seems Congress has chosen to ignore the significant impact the America Invents Act (AIA) has had on pure patent enforcement entities. There is simply no...
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Post Grant Buzz – Summer
PTAB Braces For Increased AIA Hearings & Reexamination Surge As we head to the end of the summer months, many of the first patentability trials of the AIA are maturing for decision. Going forward,...
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Bar Associations Set to Oppose Changes to CBM Statute
Key CBM Revision Unpopular with Bar Assoc’s One of the more intriguing mechanisms of the America Invents Act (AIA) is the Transitional Program for Covered Business Method (CBM) Patents. To date, these...
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Top 5 Reasons for Non-Compliant IPR Petitions
The First Year of PTAB Patentability Challenges Today marks the one year anniversary of the new patent challenge mechanisms of the America Invents Act (AIA). Over the past few months there have been...
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Top 5 Mistakes in IPR Petition Drafting
Avoid These Litigation Inspired Drafting Errors One of the biggest misconceptions about the new patentability challenges of the America Invents Act (AIA) is the notion that these administrative trial...
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