Category: Uncategorized
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AIA Patent Trials Differ from Reexamination
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in America Invents Act, covered business methods, estoppel, estoppel, ex parte reexamination, inter partes reexamination, inter partes review, motion practice, Patent Reform, Post Grant Review, pro hac vice admission, PTAB, PTAB Patent Trials, reexamination generally, reexamination pendency, Special Dispatch, Substantial New Question (SNQ), UncategorizedIn the past few months, I have had discussions with many different stakeholders about how AIA post-grant review differs from conventional reexamination. AIA patent trials (post-grant review or PGR, inter partes review or IPR, and covered business method patent review or CBM) are substantially different than traditional reexamination. Some of these differences are summarized in…
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Petitioner Allowed to Submit Supplemental Information After Institution of CBM PTAB Trial
In Interthinx, Inc. v. Corelogic Solutions, LLC (CBM2012-000007), the Petitioner (Interthinx) was allowed to submit supplemental information under 37 C.F.R. § 42.223 after trial was instituted in this covered business method patent review (CBM). Trial was instituted by the PTAB on January 31, 2013. On February 27, 2013, Interthinx filed a Request for Authorization to…
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Exhibits for SAP v. Versata PTAB Trial on Wednesday
One of the benefits of the PTAB’s PRPS system that the materials for each trial are accessible online when filed by the parties (unless designated as protected materials). If you intend to listen in on the SAP v. Versata PTAB CBM trial on Wednesday, you might benefit from having the SAP slides and the Versata…
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Dial-in Info to Hear the First Covered Business Method Patent Trial
In my last blog post I described the trial being held on Wednesday in the first covered business method (CBM2012-00001). The PTAB has provided the dial in information to listen in on the trial to be held at 2:00 p.m. eastern time. Paper 61 of the record states: Based upon the facts presented, the Board…
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SAP v. Versata: First Covered Business Method PTAB Trial Tests New AIA Trial Provisions
The first ever covered business method patent review stems from a patent litigation between Versata and SAP over two Versata patents relating to pricing products in mulitlevel product and organizational groups. The district court action began in 2007 when Versata sued SAP for alleged infringement of its U.S. Patent Nos. 6,553,350 and 5,878,400 (Versata Software,…
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Petitions to PTAB at Three Months into AIA Post-Grant Patent Trials
This blog post is at three months past September 16, 2012, the date upon which the PTAB began accepting petitions for inter partes review and covered business method patent review under the America Invents Act. Considering that there are about 15 CBM and 79 IPR petitions currently on file, the PTAB is getting petitions at the rate of roughly…
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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 Trial Portal has Eight First Day Filings: 3 CBM and 5 IPR
To kick off covered business method (CBM) and inter partes review (IPR) practice, there were eight post-issuance filings on the first day of the PTAB Trials electronic filing system: You can click on the image to expand it or just go to the PTAB website at http://ptabtrials.uspto.gov/ for more information. Since this first day of business…
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PTO, PTAB and AIA History in the Making Today, September 16, 2012
Today the PTO received its first petitions for inter partes review (IPR) and covered business method patent review (CBM) pursuant to the America Invents Act (AIA). We are in a kind of second phase of implementation of the AIA that phases out inter partes reexamination and that makes IPR and CBM post-issuance reviews available for…