Internet Advertising Claims Deemed Not Eligible for Covered Business Method Patent Review
By Vishal Khatri and Carl Kukkonen In a decision dated February 27, 2017, the Board denied institution of Google Inc.’s petition for Covered Business Method Patent Review of claims 20, 21, 23–26, 28, and 29 of U.S. Patent No. 6,128,651 (“the ’651 patent”) owned by...
Where Party Joined Pending IPRs, Delaware Takes Broad View of § 315 Estoppel
By Geoffrey Gavin In Parallel Networks Licensing, LLC v. International Business Machines Corporation, No. 1:13-cv-02072, Dkt. No. 366 (D. Del. Feb. 22, 2017) (Slip Op.), the court held IBM was estopped from asserting obviousness under §103 based on prior art...
PTAB Denies Institution of IPR Proceedings Against Bayer’s Patent Covering STIVARGA®
By Irina Britva, Ph.D and Jennifer Chheda, Ph.D. On February 8, 2017, the PTAB denied Fustibal LLC’s (“Fustibal”) petition to institute inter partes review of U.S. Patent 8,637,553 B2 (“the ’553 patent”) owned by Bayer HealthCare LLC (“Bayer”) (IPR2016-01490). The...
Video – PTAB Popularity and Reasons for It
Post-Issue patentability trials at the Patent Trial and Appeal Board have become wildly more popular than was expected when they were introduced in September 2012. Petition filing rates have been nearly four times the levels originally predicted. The following...
Secondary Considerations Unsuccessful Once Again
By Dave Maiorana As reported in our February 1, 2017 post, patent owners have had a difficult time convincing the PTAB that secondary considerations are sufficient to overcome a prima facie case of obviousness. The Crown Packaging decision, highlighted in that post,...