Patent Law Weblog
recent posts
- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Category: Patent Trial and Appeal Board
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By Joseph Herndon — Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV). Sally Beauty challenged the patentability of claims 1–14 of the '324 Patent under 35 U.S.C. §§ 101, 102, and 103. …
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Koios Pharmaceuticals LLC v. Medac Geselleschaft Fuer Klinische Spezial Praparate MBH PTAB Petition: IPR2016-01370; filed July 20, 2016 Patent at Issue: U.S. Patent No. 8,664,231 ("Concentrated methotrexate…
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By Michael Borella — A post grant review (PGR) is an administrative reconsideration of a recent-granted U.S. patent. The proceeding is held in the USPTO, before that body's Patent Trial and Appeal Board. A petition for PGR is timely if it is filed within nine months of the challenged patent's issuance. To date, there have…
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By Andrew Williams — On Friday, August 13, 2016, the Federal Circuit granted a petition for rehearing en banc filed in the In re Aqua Products, Inc. case to consider two questions related to the PTAB's treatment of Motions to Amend in IPR proceedings. Specifically, the Court requested that Appellant (Aqua Products, Inc.) and Intervenor…
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By Joseph Herndon — Life Technologies Corp. filed a petition requesting covered business method (CBM) patent review of a number of claims of U.S. Patent No. 6,996,538. The PTAB determined that the claims are unpatentable under 35 U.S.C. § 101 as being directed to non-statutory subject matter. Ultimately, the PTAB found that the claims were…
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Business Method Patent Not Invalid under 35 U.S.C. § 101 By Joseph Herndon — HP Inc. and SAP America, Inc. filed a Petition seeking a covered business method (CBM) patent review of claims 15 and 20–34 of U.S. Patent No. 6,343,275 owned by Big Baboon, Inc. The PTAB, however, determined that the Petitioner failed to…
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By Kevin E. Noonan — As part of a session on the effects of inter partes review on biopharma patents presented today at the 2016 BIO International Convention, Bloomberg/BNA released a report on more than 300 biopharma patents that have been subject to IPRs since they became available in September 2012. (The substance of this…
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U.S. Patent Practice – the PTAB, Federal Courts, and Patent Eligibility By Andrew Williams — The 2016 BIO International Convention has already begun in San Francisco, but most of the sessions and forums get underway beginning on Tuesday, June 7, 2016. Patent Docs has been highlighting a few sessions or other opportunities, in thematic fashion,…
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Patent Directed to Geographic Parcel Boundary Maps (for Tax Purposes) Not a Covered Business Method By Joseph Herndon — On May 24, 2016, the U.S. Patent Office Patent Trial and Appeal Board (PTAB) issued a decision denying institution of covered business method (CBM) patent review of U.S. Patent No. 7,092,957 owned by Boundary Solutions. This…
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Directory Assistance Call Completion Is Not A Financial Service for CBM Purposes By Joseph Herndon — On May 4, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a Covered Business Method (CBM) patent review in a proceeding between AT&T Mobility and Intellectual Ventures, based on U.S. Patent No.…
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