Federal Circuit Vacates Patent Trial And Appeal Board Decisions On CBM Proceedings Because the Challenged Patents Were For Technological Inventions And Thus Not Eligible For CBM Review
On February 13, 2019, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion vacating covered-business-method review (CBM) decisions by the Patent Trial and Appeal Board (PTAB). Trading Technologies International, Inc. v. IBG LLC, —F.App’x—, (Fed. Cir. Feb. 13, 2019). The CAFC ruled that the challenged patents were not eligible for CBM review because they were for “technological inventions.”
Federal Circuit Continues To Clarify Patent Venue Rules In The Wake Of The Supreme Court’s TC Heartland Decision
Between May 8, 2018 and May 11, 2018, the United States Court of Appeals for the Federal Circuit issued a series of three opinions clarifying questions left open in the wake of the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, which held that for purposes of the patent venue statute, 28 U.S.C. § 1400(b), a domestic corporation “resides” only in its state of incorporation.
Read moreCATEGORY: Patent Litigation Procedure
US Supreme Court Approves IPRS, But Requires Decision On All Challenged Claims
On April 25, 2018, the United States Supreme Court ruled on two cases concerning inter partes review (“IPR”) proceedings: Oil States Energy Svcs. v. Green’s Energy Grp., case no. 16-712, and SAS Inst. Inc. v. Iancu, case no. 16-969. In the first case, the Court ruled that IPRs can be a Constitutionally permissible way for the Patent Office to revoke already-issued patents, and in the second case, the Court ruled that the Patent Office is required to rule on either all or none of the patent claims challenged in a request for IPR.