Tag: appeal
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SAP Files Ex Parte Reexamination Request using Prior Art from Ongoing Litigations
As you may recall from earlier posts, on September 16, 2012, SAP filed a petition for review of U.S. Pat. No. 6,553,350 to begin the first covered business method patent review (CBM2012-00001) under the America Invents Act. To advance its PTAB trial date, SAP agreed to limit its argument to 35 U.S.C. 101 challenges set forth…
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Federal Circuit Appeal Decision in Versata Software v. SAP
A detailed discussion of the Versata v. SAP litigation and a timeline was provided in my earlier post. I reported that there are three actions related to this dispute: one in the PTAB, one in the Eastern District of Virginia, and one in the Federal Circuit. On May 1, 2013, the Federal Circuit affirmed the…
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Early PTAB Orders Demonstrate Differences Between AIA Patent Trials and District Court Trials
Patent practitioners are still absorbing some of the differences and advantages that are unique to litigation in the PTAB as opposed to district court litigation. For example, PTAB proceedings only decide questions of validity and are not directed to rule on questions of infringement or damages, as is the practice in traditional litigation. Another example…
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PTAB Publishes Trial Transcript from First Covered Business Method Patent Review
On April 17, 2013 the PTAB heard oral arguments in the first covered business method patent review between SAP and Versata. SAP challenged the validity of Versata’s U.S. Patent No. 6,553,350 in the PTAB under 35 U.S.C. § 101. My earlier posts detailed the events. The PTAB trial transcript has recently been published and the trial…
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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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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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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…