Tag: PTAB
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Lex Machina’s 2013 Patent Litigation Report Shows Disparity Between Litigated Patents and those under PTAB Review
Litigation and post-grant proceedings often go hand-in-hand. A new litigation report published by Lex Machina summarizes patent litigation data for 2013 and prior years. It is an interesting report and very easy to digest. Two findings caught my eye. The first one relates to the overall number of patent litigation cases filed in 2013: Plaintiffs filed 6,092…
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See You at the AIPLA 2014 Spring Meeting!
I am presenting at the AIPLA Spring Meeting on May 15, 2014 in Philadelphia and hope to see you there. My task is to provide strategies for filing inter partes reviews, covered business method reviews and post-grant reviews. I hope to see you there! I just got back from the PLI Post-Grant Conference held in…
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Eastern District of Texas Denies SAP’s Motion to Vacate the Judgment in the Versata Patent Infringement Case
SAP recently learned that the Eastern District of Texas denied its motion to set aside or stay a district court judgment in favor of Versata for infringement of its U.S. Pat. 6,553,350 (Versata Software, Inc v. SAP America, Inc., No. 2:07-cv-00153 (E.D. Tex)). On April 20, 2014, Judge Roy S. Payne dismissed SAP’s motion despite its…
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Eastern District of Virginia Decides PTAB Decision to not institute IPR is Not Appealable
A patent owner insists that your company infringes a patent and makes a claim of patent infringement. You have settled patent infringement assertions before, but this patent seems invalid over known prior art. You consult with your patent counsel and a decision is made to file a petition for inter partes review (IPR) under the new post-grant…
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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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USPTO Statistics Show Inter Partes Patent Reviews are Frequently Settled Before Final Board Decision
The U.S. Patent Office regularly posts statistics on post-grant proceedings such as inter partes review and covered business method patent review. An excerpt of PTAB statistics for February 13, 2014 is found below. The acronyms “FWD” and “RAJ” stand for “Final Written Decision on the merits” and “Request for Adverse Judgment.” The “Other” category…
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Patent Office Board Clarifies Petitioner Role for Single Petition by Several Companies
A petition for covered business method review, inter partes review, or post-grant review may be filed on behalf of of several different parties and real parties in interest. Typically, such filings involve one, two, or three named persons (e.g., companies) as the petitioner. However, the Board’s rules do not state a limit on the number…
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Board Proposes Solution for Petitioner if Expert Witness Not Available for Deposition in Patent Office Trial
In current post-grant practice, most petitions are accompanied by an expert declaration to support the assertions made by the petitioner. If the petitioner successfully obtains institution of a patent office trial (inter partes review, covered business method patent review, or post-grant review), each declarant making a declaration for the petition must be made available for…
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SAP’s Cert Petition Denied by Supreme Court in Versata Patent Infringement Suit
In earlier posts, I described the $391 million patent infringement judgment awarded to Versata for SAP’s alleged infringement of US Pat. 6,553,350. I also detailed SAP’s attempts to avoid the judgment by challenging the ‘350 patent in the first covered business method patent review conducted by the Patent Office under the America Invents Act. (SAP v.…