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No Joinder Under AIA Just Because Accused Smartphones All Use Android
Different manufacturers’ use of the Android operating system in their respective smartphones did not arise out of the “same transaction or occurrence” under the joinder provision of the America Invents...
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The America Invents Act for Non-Patent Lawyers
The America Invents Act, as every patent lawyer knows, makes significant changes to the practice of patent law in the United States. Especially if you are not a patent lawyer, you may find helpful my...
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PTAB Finding of Invalidity Does Not Trump Federal Court’s Final Judgment
The Covered Business Method Patent review procedure created by the America Invents Act may be a powerful tool for attacking business method patents, but CBM cannot overcome all court proceedings, at...
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PTAB Invalidates First Design Patent in Inter Partes Review
On April 22, 2014, the Patent Trial and Appeals Board (“PTAB”) ruled that a design patent claim in U.S. Patent No. D617,465 (the ‘465 Patent) is unpatentable as obvious. Munchkin, Inc. v. Luv N’ Care...
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Federal Circuit Will Not Allow Appeals Of PTAB Decisions Not To Initiate...
In St. Jude Medical, Cardiology Div., Inc. v. Volcano Corp., No. 2014-1183 (Fed. Cir. Apr. 24, 2014), St. Jude sued Volcano for patent infringement. Volcano counterclaimed against St. Jude, asserting...
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Federal Circuit Will Not Allow Mandamus Relief Of PTAB Decisions Not To...
In In re Dominion Dealer Solutions. LLC, No. 109 (Fed. Cir. Apr. 24, 2014), Dominion petitioned the Patent Office Trial and Appeal Board (“PTAB”) to institute inter partes review of five patents. The...
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Federal Circuit Will Not Allow Mandamus Relief Of PTAB Decisions To Initiate...
In In re The Procter & Gamble Company. LLC, No. 121 (Fed. Cir. Apr. 24, 2014), Clio filed a declaratory judgment action against Procter & Gamble (“P&G”), asserting three P&G patents...
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Inter Partes Review Barred by Real Party in Interest Requirement
The USPTO’s Patent Trial and Appeal Board (PTAB) has dismissed RPX Corporation’s multiple petitions for inter partes review (IPR) of four patents owned by Virnetx, Inc., holding that Apple, Inc., whose...
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Precedential PTAB Decision Provides Reminder That PG Patent Review Is Barred...
On November 15, 2013, SecureBuy, LLC, petitioned the US Patent and Trademark Office for review of U.S. Patent No. 7,051,002 under the America Invents Act’s transitional program for covered business...
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Covered Business Method Patent Found Likely Patent-Eligible Under 35 U.S.C. §...
The Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office has arguably held that business method patent claims may be patent-eligible under 35 U.S.C. § 101. In PNC Bank...
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PTAB Invalidates Business Method Claims in CBM Review
Inter partes review (IPR) and post-grant review proceedings conducted by the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office are emerging as a potent tool for...
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Initiation of CBM Review on Section 101 Grounds Justifies Stay of Patent Case
The Federal Circuit has affirmed the decision of Judge Stark in the District of Delaware to stay a lawsuit alleging infringement of U.S. Patent No. 6,625,582 following the U.S. Patent and Trademark...
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PTAB Denies a Petition for Inter Partes Review for Petitioners Failing to...
In Paramount Home Entertainment Inc. v. Nissim Corporation, IPR2014-00961, the Patent Trial and Appeal Board (“PTAB”) denied a Petition to institute inter partes review of claims 1-5 of U.S. Patent No....
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What Is a “Covered Business Method Patent”?
In several recent cases, the Patent Trial and Appeals Board (PTAB) at the United States Patent and Trademark Office has rejected a petitioner’s contention that the patent claims put in issue...
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Broad Interpretation of “Financial Product Or Service” and an Abstract Idea...
The USPTO’s Patent Trial and Appeal Board (PTAB) has instituted a Covert Business Method (CBM) review of three patents claiming methods for obtaining valuation reports relating to damaged vehicles for...
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Federal Circuit Will Not Allow Mandamus Relief Of PTAB Decisions Not To...
In In re Dominion Dealer Solutions. LLC, No. 109 (Fed. Cir. Apr. 24, 2014), Dominion petitioned the Patent Office Trial and Appeal Board (“PTAB”) to institute inter partes review of five patents. The...
View ArticleClik here to view.
Federal Circuit Will Not Allow Mandamus Relief Of PTAB Decisions To Initiate...
In In re The Procter & Gamble Company. LLC, No. 121 (Fed. Cir. Apr. 24, 2014), Clio filed a declaratory judgment action against Procter & Gamble (“P&G”), asserting three P&G patents...
View ArticleClik here to view.
Inter Partes Review Barred by Real Party in Interest Requirement
The USPTO’s Patent Trial and Appeal Board (PTAB) has dismissed RPX Corporation’s multiple petitions for inter partes review (IPR) of four patents owned by Virnetx, Inc., holding that Apple, Inc., whose...
View ArticleClik here to view.
Precedential PTAB Decision Provides Reminder That PG Patent Review Is Barred...
On November 15, 2013, SecureBuy, LLC, petitioned the US Patent and Trademark Office for review of U.S. Patent No. 7,051,002 under the America Invents Act’s transitional program for covered business...
View ArticleClik here to view.
Covered Business Method Patent Found Likely Patent-Eligible Under 35 U.S.C. §...
The Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office has arguably held that business method patent claims may be patent-eligible under 35 U.S.C. § 101. In PNC Bank...
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