Federal Circuit PTAB Appeal Statistics – April 1, 2017

Authors: David C. SeastrunkDaniel F. Klodowski, Elliot C. Cook
Editor: Jason E. Stach

Through April 1, 2017, the Federal Circuit decided 185 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 142 (76.76%) cases, and reversed or vacated the PTAB on every issue in 16 (8.65%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 17 (9.19%) cases.

Continue reading

Tagged , , , , , , , , ,

IPR and CBM Statistics for Final Written Decisions Issued in February 2017

Authors: Daniel F. Klodowski, Elliot C. CookDavid C. Seastrunk
Editor: Aaron L. Parker

In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in February, the Board cancelled 384 (74.56%) of the instituted claims and declined to cancel 131 (25.44%) of the instituted claims.  Patent owners did not concede any instituted claims through motions to amend or disclaimer in cases reaching a final decision.

Continue reading

Generic Claim Terms and Broad Specification Led to No CBM Review

Author: Jonathan J. Fagan
Editor: Aaron J. Capron

In Twilio, Inc. v. Telesign Corp., CBM2016-00099, Paper 13 (Feb. 27, 2017), the Board refused to institute a covered business method (CBM) review because the Petitioner failed to show that the patent at issue qualified to be a covered business method patent.

In this case, the patent at issue claimed a process for validating a registrant on a website, giving the registrant access to a “service,” and then sending the registration a notification upon the occurrence of a predetermined “notification event.” The specification disclosed both financial (e.g., a notification for a bank account withdrawal) and nonfinancial (e.g., news alerts sent to a phone) embodiments. Continue reading

Tagged ,