Critical Technical Fix to CBM Statute Left out of Leahy Bill
Wasting no time…the Senate has quickly introduced a companion bill to H.R. 3309 . The senate bill ( here ), sponsored by Senator Leahy of Leahy-Smith America Invents Act (AIA) fame...
Leahy/Cornyn Compromise Hammered Out?
Last week, the Senate Judiciary Committee generally considered bill S. 1720 entitled Patent Transparency and Improvements Act of 2013 but held over the matter for this week . It seems there was a bit of a stalemate...
by Stephen B. Maebius
Yesterday, the USPTO released a 113-page set of proposed changes to AIA post-grant proceedings, including IPR, PGR and CBM proceedings. The USPTO has been attempting to address concerns expressed by the public, having implemented...
USPTO Clarifies Stance on 101 Challenges Before the PTAB
Over the past few weeks, commentators have been buzzing about the ability/inability to challenge a patent on the grounds that the claims are not directed to statutory subject matter ( 35 U.S...
New CBM Challenges to Derail Business Method Patent Assertions?
Last September 16th marked the one year anniversary of the enactment of the America Invents Act (AIA). This "patent reform" legislation introduced several new post grant avenues...
by K. Patrick Herman and Christopher W. Glynn
Digest of Versata Dev. Group, Inc. v. SAP Am., Inc. , No 2014-1194 (Fed. Cir. July 9, 2015) (precedential) [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ].
CBM Statute Inadvertently Excludes Best Source of CBM Prior Art
In fashioning the Covered Business Method (CBM) statutes of the America Invents Act (AIA), Congress was sensitive to the resources of the USPTO. That is, Congress realized that certain...
Last week, the CAFC issued its long awaited decision in the dispute between Versata and SAP ( here ). The appeal stemmed from the very first Covered Business Method (CBM) patent challenge proceeding. On appeal, one of Versata's (patentee) main challenges...
Unsuccessful CBM Challengers Forced Back into Court?
As discussed last week [Oct. 8th - 12th], the Transitional Program for Covered Business Method Patents, or "CBM" proceeding offers significant advantages to qualifying patent challengers...
Expected Changes to Patentee Preliminary Response Among Noteworthy Changes
The USPTO has now published its promised Patent Trial & Appeal Board (PTAB) Rule Package (advance copy here ). The proposed changes are largely expected given the d iscussion...
In its second case in as many days touching on both the broadest reasonable interpretation (BRI) standard and the reviewability of institution decisions, the U.S. Court of Appeals for the Federal Circuit both agreed and disagreed with itself. On July...
Congress to Choose
Between Competing Definitions
One of the more intriguing mechanisms of the America
Invents Act (AIA) is the Transitional Program for Covered Business
Method (CBM) Patents. To date, these specialized post grant patent
Key CBM Revision Unpopular with Bar Associations
One of the more intriguing mechanisms of the America Invents Act (AIA) is the Transitional Program for Covered Business Method (CBM) Patents. To date, these speciailized post grant patent challenges...
101 Issue Fast Tracked to April Oral Argument at PTAB
The very first petition for a Covered Business Method Patent Challenge (CBM) was filed on September 16th by SAP (CBM2012-00001). The petition ( here ) challenged U.S. Patent 6,553,350 of Versata...
Critics Ignore Long Standing Realities
Critics of the Patent Trial & Appeal Board (PTAB) are out in force decrying the work of the PTAB as anti-patent. This criticism flows from the unfavorable outcomes of the 30 or so concluded Inter Partes Review...