Category Archives: Covered Business Method Patents

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Covered Business Method Patent Reviews – Is Your Patent Susceptible to Review?

Recent decisions by the Patent Trial and Appeal Board (PTAB) and the Federal Circuit have left patent owners with some uncertainty as to whether their patents could be subject to review and invalidation under the America Invents Act’s Covered Business Method (CBM) review process. The AIA created CBM review to provide an opportunity for petitioners … Continue Reading

Proving Public Accessibility of Printed Publications at the PTAB

Recent PTAB decisions have shown that a number of hurdles need to be cleared to successfully rely on printed publications as prior art in IPR, CBM, or PGR challenges. These challenges include proving that the reference was publicly accessible, that the copy relied on is authentic, and the publication date. This post focuses on public … Continue Reading

The PTAB’s Determination of Whether Assignor Estoppel Precludes IPR Institution Cannot Be Appealed

The Federal Circuit recently added the PTAB’s decision on whether assignor estoppel precludes institution of an inter partes review (IPR) petition to the growing list of nonreviewable issues in an IPR. Husky Injection Molding Systems Ltd. v. Athena Automation Ltd. was an appeal from the PTAB’s final decision finding claims 1, 4-16, 18, and 20-22 … Continue Reading

Professors Advocate a Different Take on IPR Claim Construction

As PTAB practitioners are likely aware, oral argument in Cuozzo Speed Technologies, LLC v. Lee – the first Supreme Court case addressing post-grant proceedings – took place on April 25. At issue in Cuozzo is the proper claim construction standard to apply in an inter partes review. Urging the Supreme Court to retire the BRI … Continue Reading

Distilling the Differences Between IPR and PGR

The Leahy-Smith America Invents Act created new procedures for challenging the validity of patents at the Patent Trial and Appeal Board (PTAB), an administrative law body of the U.S. Patent and Trademark Office (USPTO). The new trial-like procedures, often referred to as “AIA Trials” include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business … Continue Reading
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