Tag: patent
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AIA Post-Grant Practice Rapidly Integrates Federal Circuit and Board Decisions
AIA post-grant practice has many advantages over other proceedings, but one of the great benefits of AIA post-grant practice that we have not discussed is the speed in which AIA post-grant proceedings adopt recent patent decisions from different sources. This is really an exciting and challenging feature of AIA post-grant practice that has become even…
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A Tale of Two Patent Litigation Stays
This is a story about not one, but two stays. The first stay is a district court stay pending the outcome of a reexamination of a patent in suit. The second is an administrative (PTAB) stay of that same reexamination pending the outcome of an AIA patent litigation proceeding based on that same patent. The…
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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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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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Progressive Casualty Litigation Stayed Pending Outcome of Liberty Mutual CBMs
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in America Invents Act, claim challenges, covered business methods, estoppel, estoppel from administrative proceeding, factors for stay, indefiniteness, Litigation, Patent Reform, patent-eligible subject matter, Post Grant Review, PTAB, PTAB Patent Trials, reexamination generally, statutory subject matter, stay, UncategorizedProgressive Casualty Insurance Co. sued different insurance companies for patent infringement of 5 of its patents in 2010-2012 in the Northern District of Ohio. (Cases 1:10CV01370 and 1:11CV00082 against Safeco; Case 1:12CV01068 against State Farm; and Case 1:12CV01070 against Hartford.) One of the defendants is Safeco Insurance Company, which has Liberty Mutual as its parent.…
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PTAB IPR Petition Joinder Practice Gains Momentum
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…
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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…