
Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Post-Grant Proceedings
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Federal Circuit Finds That USPTO Board Interpreted CBM Statute Too Broadly By Joseph Herndon — In an appeal of a Covered Business Method (CBM) patent review, the Federal Circuit overturned a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board that U.S. Patent No. 7,631,191 is a CBM patent, and vacated…
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By Andrew Williams — Can any petitioner appeal a Board's final written decision from an inter partes review or post grant review proceeding? Contrary to the language of 35 U.S.C. § 141(c) which permits any party "who is dissatisfied with" the Board's decision to appeal the case to the Federal Circuit, most practitioners believed that…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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Pro-Troll, Inc. v. Shortbus Flashers, LLC (N.D. Cal. 2016) By Donald Zuhn –- In an order issued last week, Judge Vince Chhabria of the U.S. District Court for the Northern District of California denied a motion to stay filed by Defendant Shortbus Flashers, LLC. Shortbus Flashers sought the stay because it had filed a request…
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PTAB Follows Strict Application of CBM Statute Following Unwired Planet By Joseph Herndon — Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No. 5,796,967. International Business Machines Corp. (IBM), the Patent…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Merial, Inc. v. Fidopharm, Inc. PTAB Petition: IPR2016-01182; filed June 10, 2016. PTAB Trial Instituted Document filed November 7, 2016. Patent at Issue: U.S. Patent…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Sienna Biopharmaceuticals, Inc. v. Rice University PTAB Petition: IPR2017-00046; filed October 7, 2016. Patent at Issue: U.S. Patent No. 6,685,730 ("Optically-absorbing nanoparticles for enhanced tissue…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month (or more frequently) we will report on developments at the PTAB involving life sciences patents. Apotex Inc. and Apotex Corp. v. Alcon Research, Ltd. PTAB Petition: IPR2016-01640; filed August 18, 2016. PTAB Trial Instituted Document filed October 5, 2016. Patent…
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Patent Directed to Programmable Ticketing System Determined to be Eligible for Covered Business Method Patent Review By Joseph Herndon — Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business method patent review of all claims of U.S. Patent No. 7,765,128, owned by Smart Destinations, Inc. The Board, applying the standard…