Part III: Inter Partes Review and Covered Business Method Review – Recent Developments
In Part III of our series, the co-chairs of Fish & Richardson’s Post-Grant Practice Group discussed the Patent Trial and Appeal Board’s (PTAB) recent decision in Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co. The PTAB declined to grant a CBM petition on grounds it deemed redundant, setting forth a framework for its analysis that we’ll review while also exploring the implications for petition drafting. We also discussed the lawsuit that Versata recently filed against the USPTO, challenging the PTAB’s interpretation of “covered business method patent” and its recent initiation of a trial under the Transitional Program for Covered Business Method Patents. In addition, we surveyed the reception given to early Motions for Stay that follow from parallel post-grant proceedings, while finally touching on discovery-related issues.
Dorothy Whelan, Principal and Post-Grant Practice Co-Chair, Twin Cities Karl Renner, Principal and Post-Grant Practice Co-Chair, Washington, DC Josh Pond, Principal, Washington, DC