Tag: Bianchi
-
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…
-
Comparative Study of Post Issuance Review Options
—
by
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…
-
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…
-
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…
-
More IPR Filings on Day 2
—
by
in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, covered business methods, Ex Parte Prosecution, indefiniteness, inter partes review, Litigation, Patent Reform, patent-eligible subject matter, Phillips-type construction, Post Grant Review, PTAB, statutory subject matterIf you are monitoring adoption of post-issuance filings you may have noticed that five more IPR filings were filed on the second day of operation of the PTAB trials portal pursuant to the new IPR and CBM patent review options from the America Invents Act. The list of today’s filings is reproduced below: 4 IPRs…
-
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…
-
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…
-
Preissuance Submission Final Rules Published July 17, 2012
—
by
in America Invents Act, Damages, estoppel, estoppel, estoppel from administrative proceeding, Ex Parte Prosecution, inter partes review, Litigation, past damages, Patent Reform, petitions practice, Post Grant Review, preissuance submissions by third parties, reexamination generally, Substantial New Question (SNQ), UncategorizedThe Patent Office has published its final rules for preissuance submissions under the AIA. A copy of the final rules can be found here (2012-16710). I briefly summarized the rule requirements in a presentation that can be found here (Preissuance Submissions Final Rule July 17 2012).
-
Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part II
In Part I of this topic, I posted some of the reasons why the Patent Office has taken the position that the broadest reasonable interpretation (BRI) standard should be used in post-grant review and inter partes review. Yet another reason for use of BRI (as opposed to a district court construction) was provided by Director Kappos in recent…
-
Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part I
—
by
in America Invents Act, Broadest Reasonable Interpretation standard, clear and convincing evidence, Ex Parte Prosecution, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, reexamination generally, Reissue, UncategorizedToday, USPTO Director David Kappos posted a comment advocating the use of the broadest reasonable interpretation standard (BRI) for claim interpretation in post grant review and inter partes review under the America Invents Act. This is a topic of great interest among those conducting post-grant review of patents because of numerous conflicts occuring in practice due to different…