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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Second CBM Petition Denied As "Second Bite at the Apple" By Joseph Herndon — The U.S. Patent and Trademark Office Patent Trial and Appeal Board issued a decision denying institution of a covered business method (CBM) patent review in a case caption NRT Technology Corp. v. Everi Payments Inc. NRT originally filed a Petition, which…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Mylan Pharmaceuticals Inc. v. Shire Laboratories, Inc. PTAB Petition: IPR2017-00011; filed October 4, 2016. Patent at Issue: U.S. Patent No. RE41,148 ("Oral pulsed dose drug delivery system," issued…
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By Andrew Williams — "It appears to me that en banc consideration is warranted." — Judge Taranto (concurring in Click-To-Call Technologies, LP v. Oracle Corp.). "I write separately, however, to note that I believe the Supreme Court's language in Cuozzo leaves room for us to question our reasoning in Achates and to suggest that we…
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Computerized Restaurant Ordering Menu Patents Found to Be Directed to Unpatentable Subject Matter By Joseph Herndon — The U.S. Court of Appeals for the Federal Circuit reviewed a Patent Trial and Appeal Board (PTAB) decision in three Covered Business Method (CBM) reviews between Apple, Inc. et. al v. Ameranth, Inc. The decisions addressed the subject…
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Federal Circuit Narrows USPTO's Definition of "Covered Business Method" By Michael Borella — The America Invents Act (AIA) defines a covered business method (CBM) patent 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, except…
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By Andrew Williams — On Friday, December 9, 2016, the Federal Circuit will hear oral arguments en banc 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 will be considering the following questions: (a) When the patent…
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By Andrew Williams — The Federal Circuit remanded a final written decision of the Patent Trial and Appeal Board ("PTAB" or "Board") because the Board invalidated certain claims in a patent without providing adequate notice or opportunity to the patentee to respond to an assertion about a prior art reference. Interestingly, in the In re…
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By John Cravero and Richard Martin — About the PTAB Life Sciences Report: Each month we will report on recent developments at the PTAB involving life sciences patents. Argentum Pharmaceuticals LLC. v. Janssen Oncology, Inc. PTAB Petition: IPR2016-01317; filed June 29, 2016. PTAB Trial Instituted September 19, 2016. Patent at Issue: U.S. Patent No. 8,822,438…
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Federal Circuit Denies Petition for Rehearing in Medtronic v. Robert Bosch Healthcare Systems By Kevin E. Noonan — One of the aspects of inter partes review that differed from other post-grant review proceedings before the Board of Patent Appeals and Interferences (succeeded by the Patent Trial and Appeal Board) is a requirement for transparency with…
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CBM Petition Denied for Patent Lacking Financial Product or Financial Activity in the Claims By Joseph Herndon –– In a recent decision, the Patent Trial and Appeal Board (PTAB) denied the institution of a covered business method (CBM) patent review on an Internet Portal System patent because the claims lacked any recitation of a financial…
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