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Scott Powell
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On August 26, 2015, in CBM2015-00022, the Patent Trial and Appeal Board (PTAB) refused to terminate a Covered Business Method (CBM) proceeding as being moot in view of a district court decision that the challenged claims of the patent are invalid under 35 U.S.C. 101. More specifically, MyMedicalRecords, Inc., the... Continue reading
Posted Aug 31, 2015 at Post Grant AdvocATor
On February 4, 2015, the Court of Appeals for the Federal Circuit (CAFC) released a significant decision that clarifies aspects of U.S. Patent Law that have been uncertain under the America Invents Act (AIA). The case is In Re Cuozzo Speed Technologies, LLC (2014-1301). In affirming the decision of the... Continue reading
Posted Feb 4, 2015 at Post Grant AdvocATor
As a recap, Section 18 of the America Invents Act states that a “covered business method patent” is a patent that “claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service, except that the... Continue reading
Posted Oct 6, 2014 at Post Grant AdvocATor
It is a key principle of Inter Partes Review proceedings that a Patentee’s Response may not exceed the scope of a Petitioner’s Petition, and in turn, that the Petitioner’s Reply may not exceed the scope of the Patentee’s Response. 37 C.F. R. 42.23. Recently, the Patent Trial and Appeal Board (PTAB) provided guidance on what, if anything, a party should do if it believes that the opposing party has violated this fundamental rule. Continue reading
Posted Jun 16, 2014 at Post Grant AdvocATor
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May 28, 2014