alert: Covered Business Methods

Federal Circuit Firmly Rejects PTAB Criteria For Covered Business Method Review

In a recent panel decision that deviates from the Federal Circuit’s current tendency to defer to the U.S. Patent and Trademark Office’s interpretation of the Leahy-Smith America Invents Act, the court vacated a final written decision of the USPTO Patent Trial and Appeal Board. The appeals court ruled that the PTAB erred in instituting review of a patent under the AIA’s Transitional Program for Covered Business Method Patents (“CBM”) by applying a test that was […]

Federal Circuit Judges Voice Concern Over PTAB Practice Of Denying AIA Petitions Based On “Redundancy”

In a recent oral argument, Federal Circuit judges criticized the USPTO practice of not instituting AIA post grant proceedings on grounds considered “redundant” of other grounds in a petition. The USPTO conceded that it uses “redundancy” to control its docket without substantive review of the grounds presented in a petition, but contends that its decisions effectively are not subject to judicial review. Two Federal Circuit judges expressed concern that the practice may be unconstitutional and […]