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PTAB Standard for Qualifying CBM Patent Reviews is Now Set

By Thomas I. Ross on July 8, 2016 Posted in Covered Business Method

The AIA provides for the post-grant review of “covered business method patents,” which are defined as: 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. AIA §18(d)(1). The PTAB was left to its own devices … Continue Reading

Trial Verdict Means Time Has Run Out to Get a Stay

By Thomas I. Ross on May 23, 2016 Posted in Inter Partes Review, Post Grant Review, Stays, Trial Procedures

Federal district courts are inclined to stay patent litigations when requested by patent challengers on the basis that the patent-in-suit is undergoing an AIA review proceeding at the USPTO; and those not so inclined, specifically in the Eastern District of Texas, have been corrected by the Federal Circuit. But this favorable disposition toward stays occurs … Continue Reading