ReexamLink By Tim Bianchi

Patent Prosecution | Litigation | Post-Grant Proceedings

Tag: 35 USC 315(b)

Patent Board Denies First Data Corp. IPR Petitions Based on Real Party In Interest and One-Year Bar

Oct 21, 2014

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by

Tim Bianchi

in 315(b) One Year Bar, Correction of Petition After Bar, Indemnification, inter partes review, Litigation, PTAB Patent Trials

October 21, 2014 In 2013, Cardsoft, LLC (Patent Owner) sued First Data Corp. (Petitioner) and First Data Merchant Services Corp. for patent infringement in the Eastern District of Texas, serving its complaint on May 2, 2013. (Cardsoft (Assignment for the Benefit of Creditors) LLC v. First Data Corp., Civil Action No. 2:13-cv-290 (E.D. Tex.).) The complaint…
PTAB IPR Petition Joinder Practice Gains Momentum

Apr 22, 2013

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by

Tim Bianchi

in America Invents Act, Joinder of AIA Proceedings, motion practice, Patent Reform, PTAB, Uncategorized

Suppose a patent owner files suit and the defendant wants to file an AIA post-grant proceeding to challenge the validity of the patent. Suppose further that the post-grant challenge is an inter partes review (IPR) filed by the defendant within a year of service of process of the complaint. If the IPR petition only alleges…