Patent Transfer to Native American Tribe Does Not Immunize Patents from Inter Partes Review
By: Marc S. Blackman, Lisa L. Furby, and John Normile – The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign immunity does not apply to inter partes review (“IPR”) proceedings.
Eligibility for a Covered Business Method Review
By: Sean Benevento, Mike Lavine, and Matt Johnson – In a recent decision, the PTAB provides further guidance for Petitioners seeking eligibility for a Covered Business Method Review.
§ 325(d) for § 101 CBM Petition
By: Matt Johnson – The PTAB considers whether a 101 argument in a follow-on petition warrants denial as the same or substantially the same argument previously presented.
PTAB Allows Patent Owner to Stay its Own Reissue Proceeding
By: H. Albert Liou – The PTAB considers a Patent Owner’s motion to stay Patent Owner’s reissue application, which was filed after institution of inter partes review on the same patent.
Claim Constructions Under the Broadest Reasonable Interpretation Standard Must be Reasonable
By: David E. Anderson and Dave Cochran – A Recent Federal Circuit decision considered how reasonable a construction should be under the Broadest Reasonable Interpretation standard.