Tag: Bianchi
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Patent Trial and Appeal Board (PTAB) Guidance on Pro Hac Vice Admissions
The PTAB (“Board”) has already decided some motions for pro hac vice admission in various PTAB case proceedings. A recent decision in case IPR2012-00035 referenced an earlier decision on motion for pro hac vice admission in case IPR2013-00010. The relevant part of that decision entered October 15, 2012 (Paper 6) states the rules for pro hac…
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Pro Hac Vice Admission Denied in SAP v. Versata CBM Patent Review
My prior post described the pro hac vice admission dispute between SAP and Versata Development Group in PTAB matter CBM2012-00001. The PTAB wasted no time and issued an order denying the motion for pro hac vice admission of Versata’s litigation trial counsel on November 6, 2012. The PTAB essentially found that Versata failed to demonstrate…
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Patent Challenger Seeks PTAB Jurisdiction over “Involved” Pending Applications
The AIA provides new post-issuance proceedings to challenge issued patents. But can these challenges be used to stop related pending patent prosecution dead in its tracks? One recent inter partes review petition requests just that and time will tell whether the PTAB takes control of the related applications. Chi Mei Innolux Corp. (CMI) filed a…
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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 PRPS Trials Portal Gets Software Improvements
The PTAB PRPS Trials Portal just got better. If you login to the system (depending on what browser you are using), you will see that PRPS now provides much better access to all public documents in each case. This upgrade replaces the more clunkier version of the website and allows for ready access to the…
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New Petitions Filed for AIA Inter Partes Reviews and Covered Business-Method Patent Reviews
Based on a today’s count, the PTAB Patent Review Processing System (PRPS) is now showing 34 petitions for patent review. There are 10 pending petitions for covered business-method (CBM) patent review and 24 petitions for inter partes review (IPR). What is confusing is that the PRPS system is assigning Trial Numbers that have changed from…
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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…
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Liberty Mutual Covered Business Method Patent Review Petition Tailored to Address Prior Art “Mischaracterized” During Reexamination
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in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, correcting reexamination using post-issuance review, covered business methods, inequitable conduct, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, reexamination generallyLiberty Mutual Insurance filed two more covered business method (CBM) patent review petitions dated September 29. The petitions both relate to U.S. Pat. No. 7,124,088 owned by Progressive Casualty Insurance, that relates to an on-line insurance policy service system as recited in claim 1 of the reexamined patent: 1. An on-line insurance policy service system…
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More Inter Partes Patent Reviews Filed on the PTAB PRPS
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in America Invents Act, claim challenges, Claim Construction, covered business methods, Damages, estoppel, future damages, inter partes review, intervening rights, Litigation, motion practice, Patent Reform, Post Grant Review, preponderance of evidence, PRPS Patent Review Processing System, PTAB, raised or reasonably could have raisedAs of 01:00 on September 27, the number of petitions for covered business method (CBM) patent reviews remained at 6, but five more petitions for inter partes reviews (IPRs) were filed, making a total of 17 IPRs. The total number of pending potential trials is now at 23 (actual trials have not be instituted yet, as these…