Category: Post Grant Review
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CLE Event: Review of First Year of Patent Office Trials
The America Invents Act provides us several new ways to challenge issued patents. If you are curious about what we have learned in this first year fourteen months of patent office trials, please tune into my hour webinar tomorrow morning (Dec. 12, 2013) at 9 a.m. central. I will be co-presenting with Steve Schaefer of Fish…
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Parties Terminate CBM Before They Settle Dispute to Avoid PTAB Decision
In January of 2013, EZ Shield , Inc sued Harland Clarke Corp. for infringement of U.S. Pat. 8,346,637. The ‘637 patent relates to a system for reimbursement of consumers for losses incurred for specific forms of check fraud. In April of that year Harland Clarke filed a petition for covered business method patent review (CBM2013-00016).…
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USPTO to Host AIA Second Anniversary Forum on Sept. 16
The USPTO will host an AIA Second Anniversary Forum on September 16, 2013, at the USPTO’s Alexandria campus in the Madison Auditorium from 1 to 5 pm, and also via webcast. Here is the USPTO announcement: At the Forum, USPTO subject matter experts from the Patents Business Unit and administrative patent judges from the Patent…
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PTAB Grants Motion for Early Termination of Proceeding Before CBM Trial Institution
The Patent Trial and Appeal Board recently decided to grant a motion to terminate a CBM proceeding prior to a decision of whether to institute trial in that CBM proceeding. In CBM2013-00015, between Oracle Corporation (Petitioner) and Community United IP, LLC, (Patent Owner) concerning U.S. Pat. No. 5,862,223, the parties filed a joint motion to…
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PTAB Authorizes SAP to file Opposition to Versata’s Rehearing Request
Even though the Rehearing Request filed by Versata last week is confidential, we can glean some insight about what it contained based on the publicly available documents of record. Today the PTAB authorized SAP to file its motion to oppose Versata’s Rehearing Request, stating: Patent owner Versata filed a motion for rehearing [ ] of…
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More Developments in the Patent Battle between SAP and Versata
There has been a lot of activity in the litigations arising from the patent battle between SAP and Versata. You will recall that there are parallel Federal Circuit, PTAB, and Eastern District of Virginia actions. There have been activities in all of these courts since my last post. Federal Circuit After the Patent Office decided…
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SAP Joins PTO against Versata in Eastern District of Virginia
You may recall that Versata sued the Patent Office in the Eastern District of Virginia to challenge the PTAB’s decision to institute a CBM review of Versata’s U.S. 6,553,350 patent. Versata Development Group, Inc. v. Rea, 1:13-cv-00328-GBL-IDD (E.D. VA). It turns out that SAP America, Inc. and SAP AG (collectively “SAP”) filed a Motion to Intervene in…
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SAP Moves for a Stay of Parallel Federal Circuit Action After PTAB Win
SAP’s fight to dismiss Versata’s U.S. 6,553,350 patent assertion continues. After SAP’s win in the PTAB on June 11, 2013, SAP filed a motion to stay the parallel Federal Circuit appeal on June 17th. Now the Federal Circuit must decide whether to stay the ongoing appeal after upholding the district court judgment on damages and…
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PTAB CBM: Versata Patent Claims Unpatentable under 35 U.S.C. § 101
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in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, covered business methods, ex parte reexamination, Litigation, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, PTAB, PTAB Patent Trials, PTO Sued Under the APA, reexamination generallyOn June 11, 2013, the Patent Trial and Appeal Board (PTAB) issued a decision holding claims 17 and 26-29 of Versata’s 6,553,350 patent unpatentable under 35 U.S.C. § 101. This decision arises from a petition filed on Sep. 16, 2012, in a proceeding that was accelerated when SAP agreed to focus its challenge on its proffered 101…
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Joinder in Patent Office Proceedings Clarified by PTAB
Several posts ago we explored how the Board perceived joinder of a subsequent petition filed by a petitioner to an ongoing proceeding. A recent ruling by the Patent Trial and Appeal Board (PTAB) clarifies how the Board views joinder of new parties to pending post-grant proceedings. U.S. Bancorp filed a covered business method petition on March…