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PTAB Finding of Invalidity Does Not Trump Federal Court’s Final Judgment

The Covered Business Method Patent review procedure created by the America Invents Act may be a powerful tool for attacking business method patents, but CBM cannot overcome all court proceedings, at least if Versata Software, Inc. v. SAP America, Inc., No. 2:07cv153-RSP (April 21, 2014), is any guide.  In this case, Magistrate Judge Payne held […]

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The America Invents Act for Non-Patent Lawyers

The America Invents Act, as every patent lawyer knows, makes significant changes to the practice of patent law in the United States.  Especially if you are not a patent lawyer, you may find helpful my recent article,  “Some Basics of the America Invents Act for Non-Patent Lawyers,” published in the August 2012 issue of the […]

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No Joinder Under AIA Just Because Accused Smartphones All Use Android

Different manufacturers’ use of the Android operating system in their respective smartphones did not arise out of the “same transaction or occurrence” under the joinder provision of the America Invents Act, 35 U.S.C. § 299.  Motorola Mobility, Inc. v. Apple Inc., nos. 1:12-cv-20271-RNS and 1:10-cv-23580-RNS, (S.D. Fla. July 31, 2012).  Accordingly, the court granted defendant […]

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