In In re The Procter & Gamble Company. LLC, No. 121 (Fed. Cir. Apr. 24, 2014), Clio filed a declaratory judgment action against Procter & Gamble (“P&G”), asserting three P&G patents were invalid. After unsuccessfully moving to stay an already-pending P&G lawsuit for patent infringement against a Clio customer, Clio dismissed its complaint without prejudice […]
Archive | Post-Grant Review
Federal Circuit Will Not Allow Mandamus Relief Of PTAB Decisions Not To Initiate Inter Partes Review
In In re Dominion Dealer Solutions. LLC, No. 109 (Fed. Cir. Apr. 24, 2014), Dominion petitioned the Patent Office Trial and Appeal Board (“PTAB”) to institute inter partes review of five patents. The PTAB denied them all. Dominion petitioned the Federal Circuit for a writ of mandamus. Id. at 2. The Federal Circuit denied Dominion’s […]
Federal Circuit Will Not Allow Appeals Of PTAB Decisions Not To Initiate Inter Partes Review
In St. Jude Medical, Cardiology Div., Inc. v. Volcano Corp., No. 2014-1183 (Fed. Cir. Apr. 24, 2014), St. Jude sued Volcano for patent infringement. Volcano counterclaimed against St. Jude, asserting St. Jude was infringing a Volcano patent. Two years later, the district court dismissed all claims against St. Jude relating to the Volcano patent. Six […]
PTAB Invalidates First Design Patent in Inter Partes Review
On April 22, 2014, the Patent Trial and Appeals Board (“PTAB”) ruled that a design patent claim in U.S. Patent No. D617,465 (the ‘465 Patent) is unpatentable as obvious. Munchkin, Inc. v. Luv N’ Care Ltd., No. IPR2013-00072 at 2. The PTAB’s decision comes less than a year after the proceeding was initiated, and is […]
Investors in a Separate Corporation that Files an IPR Petition Are Not Real-Parties-in-Interest
Clouding IP is the assignee of U.S. Patent No. 6,738,799 (the ‘799 patent). The ‘799 patent is related to a method of file synchronization using a signature list. Clouding asserted the ‘799 patent in a host of lawsuits, including one against Google. More than one year after the Google case was filed, Unified Patents filed […]
PTAB Holds Claims Invalid Under 35 U.S.C. § 101 in Covered Business Method Review Proceeding
By Charles Bieneman on June 29, 2013 in Patentable Subject Matter, Post-Grant Review, Software Patents
The USPTO’s Patent Trial and Appeal Board (PTAB), in its first final decision on a Covered Business Method Patent Review, has invalidated claims of U.S. Patent No. 6,553,350 under 35 U.S.C. § 101. SAP America, Inc. v. Versata Development Group, Inc., Case No. CBM2012-00001 (MPT) (PTAB June 11, 2013). The claims of the ’350 patent […]