Category: covered business methods
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Steady Stream of AIA Post-Issuance Review Petitions Filed in PTAB
It has been a little over one month since post grant patent reviews were authorized by the AIA and the Patent Office Patent Review Processing System (PRPS) shows about 47 petitions on file in the PTAB. Look at it this way to put things in perspective: The 47 petitions filed over this past month are…
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PTAB PRPS Trials Portal Gets Software Improvements
The PTAB PRPS Trials Portal just got better. If you login to the system (depending on what browser you are using), you will see that PRPS now provides much better access to all public documents in each case. This upgrade replaces the more clunkier version of the website and allows for ready access to the…
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New Petitions Filed for AIA Inter Partes Reviews and Covered Business-Method Patent Reviews
Based on a today’s count, the PTAB Patent Review Processing System (PRPS) is now showing 34 petitions for patent review. There are 10 pending petitions for covered business-method (CBM) patent review and 24 petitions for inter partes review (IPR). What is confusing is that the PRPS system is assigning Trial Numbers that have changed from…
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Parallel Litigation and PTAB Review Create Complex Interplay of Patentability and Validity
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in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, clear and convincing evidence, covered business methods, indefiniteness, Litigation, motion practice, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, statutory subject matterA company called CoreLogic Solutions, LLC owns U.S. Patent No. 5,361,201, relating to a process for appraising real estate property. The ‘201 patent was filed on Oct. 19, 1992 and issued on Nov. 1, 1994. Absent some kind of patent term extension, the ‘201 patent will expire soon. The ‘201 patent is the subject of both a litigation and a covered…
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Liberty Mutual Covered Business Method Patent Review Petition Tailored to Address Prior Art “Mischaracterized” During Reexamination
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in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, correcting reexamination using post-issuance review, covered business methods, inequitable conduct, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, reexamination generallyLiberty Mutual Insurance filed two more covered business method (CBM) patent review petitions dated September 29. The petitions both relate to U.S. Pat. No. 7,124,088 owned by Progressive Casualty Insurance, that relates to an on-line insurance policy service system as recited in claim 1 of the reexamined patent: 1. An on-line insurance policy service system…
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More Inter Partes Patent Reviews Filed on the PTAB PRPS
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in America Invents Act, claim challenges, Claim Construction, covered business methods, Damages, estoppel, future damages, inter partes review, intervening rights, Litigation, motion practice, Patent Reform, Post Grant Review, preponderance of evidence, PRPS Patent Review Processing System, PTAB, raised or reasonably could have raisedAs of 01:00 on September 27, the number of petitions for covered business method (CBM) patent reviews remained at 6, but five more petitions for inter partes reviews (IPRs) were filed, making a total of 17 IPRs. The total number of pending potential trials is now at 23 (actual trials have not be instituted yet, as these…
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Docketing Tip for Post-Issuance Reviews on the Patent Review Processing System (PRPS)
Now that we are in the second week of post-issuance review filings, a number of filings are showing on the Patent Review Processing System (PRPS). To date there are 18 reviews, of which 6 are covered business method (CBM) patent reviews, and 12 are inter partes reviews (IPRs). The following listing is current as of Sunday, September…
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Comparative Study of Post Issuance Review Options
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in America Invents Act, Broadest Reasonable Interpretation standard, Claim Construction, clear and convincing evidence, covered business methods, estoppel, estoppel, estoppel from administrative proceeding, ex parte reexamination, indefiniteness, inter partes reexamination, inter partes review, Litigation, motion practice, Patent Reform, patent-eligible subject matter, petitions practice, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, raised or reasonably could have raised, raised or reasonably could have raised, reexamination generally, statutory subject matter, supplemental examinationToday I had the pleasure of co-presenting at the Midwest IP Institute on various post-issuance proceedings with Kevin Rhodes, Chief Intellectual Property Counsel and President of 3M Innovative Properties Company. A PDF of our joint presentation is found here. The presentation provides a comparison between IPR (inter partes review), PGR (post grant review), and CBM (covered business…
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PTAB Patent Review Processing System (PRPS) Update
If you are a registered user of the Patent Review Processing System (PRPS) you may have encountered the same problem I did. When logging in, I can see some matters where the petitions can be viewed, but other matters where the petitions are not viewable. It is my understanding that this is due to a…
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PTAB PRPS Day Three Filings: 2 IPRs and 1 CBM
The PTAB Patent Review Processing System (PRPS) showed postings of 3 more petitions today. One was an IPR Petitioned by Microsoft against U.S. Pat. 6,757,717, relating to a system for data access in a packet-switched network. Another was Idle Free Systems, Inc. petitioning for IPR of U.S. Pat. 7,591,303 relating to a vehicle air conditioning and heating…