Tag: patent claims
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In re Cuozzo Speed Technologies: Federal Circuit Affirms Board Finding of Unpatentability in First IPR
The Federal Circuit affirmed the final determination of the Board in the first inter partes review under the Leahy-Smith America Invents Act (AIA). Garmin petitioned for IPR of claims 10, 14 and 17 of U.S. Patent No. 6,778,074 owned by Cuozzo Speed Technologies. The Board found these claims obvious and denied Cuozzo’s motion to amend the…
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Join Me in San Francisco for PLI’s Post-Grant CLE Program on April 28
I will be presenting at PLI’s “USPTO Post-Grant Patent Trials 2014” CLE Program on April 28th with a number of other post-grant practitioners. Please join us there or attend via webinar! — Timothy Bianchi
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Joint Motions to Terminate Patent Reviews Late in Trial Proceedings
One of the advantages of patent reviews under the America Invents Act is that the parties may settle before completion of the proceedings and file a joint motion to terminate these proceedings. The Patent Trial and Appeal Board (PTAB or Board) may consider the joint motion and terminate the entire proceeding. It has done so…
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Parties Terminate CBM Before They Settle Dispute to Avoid PTAB Decision
In January of 2013, EZ Shield , Inc sued Harland Clarke Corp. for infringement of U.S. Pat. 8,346,637. The ‘637 patent relates to a system for reimbursement of consumers for losses incurred for specific forms of check fraud. In April of that year Harland Clarke filed a petition for covered business method patent review (CBM2013-00016).…
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Divided Federal Circuit Panel Finds Computer System Claims Not Patent-Eligible
Posted: September 8, 2013 On September 5, 2013, the Federal Circuit affirmed a District court holding that a computer system claim was not patent-eligible under 35 U.S.C. § 101. In Accenture Global Servs., GmbH v. Guidewire Software, Inc., a divided panel affirmed a District of Delaware decision finding system claims 1-7 of U.S. Patent 7,013,284 not…
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PTAB Grants Motion for Early Termination of Proceeding Before CBM Trial Institution
The Patent Trial and Appeal Board recently decided to grant a motion to terminate a CBM proceeding prior to a decision of whether to institute trial in that CBM proceeding. In CBM2013-00015, between Oracle Corporation (Petitioner) and Community United IP, LLC, (Patent Owner) concerning U.S. Pat. No. 5,862,223, the parties filed a joint motion to…
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PTAB Provides More Guidance on Discovery
On March 5, 2013, the Patent Trial and Appeal Board (PTAB or Board) provided guidance to the bar concerning routine discovery and additional discovery. (See paper 26 in Garmin v. Cuozzo, IPR2012-00001) This decision set forth five factors which are important in determining what constitutes discovery satisfying the “necessary in the interest of justice” standard under 35…
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PTAB Authorizes SAP to file Opposition to Versata’s Rehearing Request
Even though the Rehearing Request filed by Versata last week is confidential, we can glean some insight about what it contained based on the publicly available documents of record. Today the PTAB authorized SAP to file its motion to oppose Versata’s Rehearing Request, stating: Patent owner Versata filed a motion for rehearing [ ] of…