Category Archives: Covered Business Methods

Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?

By Tom Engellenner In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents … Continue reading

Posted in America Invents Act, Covered Business Methods, Inter Partes Review, Post Grant Review, Sovereign Immunity, Trial Tactics, USPTO | Tagged , , , , , , , , ,

New Final Rules for Post-Grant Proceedings Published by USPTO on April Fools Day

By Tom Engellenner The USPTO has gone ahead and finalized new rules for post-grant proceedings under the America Invents Act (AIA) – despite heavy criticism that the rules do little to alter the lopsided nature of these proceedings. The new … Continue reading

Posted in America Invents Act, Covered Business Methods, Instittion Decision, Inter Partes Review, Post Grant Review, PTAB Procedure, Trial Tactics, USPTO | Tagged , , , , , , , , , , , ,

Patent Trial and Appeal Board Adds Two More Cases to its List of Precedential and Informative Decisions

By Tom Engellenner Earlier this month, the Patent Trial and Appeal Board (PTAB) added two decisions to its list of “precedential” opinions for the USPTO’s new proceedings for challenging patents under the America Invents Act. The list (which now consists … Continue reading

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No Second Bite Of The Apple for Square, Inc. – PTAB Applies Estoppel Provision Of 35 U.S.C. §325(e)(1) TO CBM Review

By Reza Mollaaghababa In the case of Square, Inc. v. Unwired Planet, LLC (CMB2015-00148), the PTAB held that the grounds raised by Square, Inc. (Petitioner) to challenge the validity of claims 1-4 of Unwired Planet’s U.S. Patent No. 7,711,100 could … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Covered Business Methods, Estoppel, Post Grant Review, PTAB Procedure, USPTO | Tagged , , , , , ,

Federal Circuit Affirms Invalidity Of A Merck Patent Based On Substantial Evidence Standard

The Federal Circuit will apply a relaxed standard for review of the Patent Office’s post grant patent review proceedings and will give a good deal of deference to PTAB “findings of facts.” Continue reading

Posted in America Invents Act, Anticipation/Obvious, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,