Tag: Post Grant Review
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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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Petitions to PTAB at Three Months into AIA Post-Grant Patent Trials
This blog post is at three months past September 16, 2012, the date upon which the PTAB began accepting petitions for inter partes review and covered business method patent review under the America Invents Act. Considering that there are about 15 CBM and 79 IPR petitions currently on file, the PTAB is getting petitions at the rate of roughly…
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PTAB Provides Convenient Access to Instructive Orders, Notices, and Decisions
The Patent Trial and Appeals Board has provided a web page that compiles instructive orders, notices, and decisions. This is a handy reference site for practitioners to learn from decisions made in various covered business method (CBM), inter partes reviews (IPR) and post-grant review (PGR) proceedings.
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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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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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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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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…
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Comparative Study of Post Issuance Review Options
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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…
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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…