January 18, 2012

USPTO handles first case under Covered Business Method review procedure

Written by: John C. Phillips
January 18, 2013
SAP America, Inc. v. Versata Development Group, Inc., slip op. CBM2012-00001 (PTAB Jan. 9, 2013).

In the very first case brought under the U.S Patent and Trademark Office’s Covered Business Method (“CBM”) review procedure, the Patent Trial and Appeal Board (“PTAB”) provided invaluable guidance in its decision holding that a petition seeking CBM review of a patent[1] warranted institution of a CBM review proceeding.  Among other things, the PTAB signaled that it would interpret the requirements for instituting CBM review liberally, thereby enhancing the procedure’s potential value to defendants charged with infringing business method patents.