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Greene Espel client becomes first patent owner to score complete victory in PTAB CBM proceeding
In 2011, Congress created new ways for entities accused of patent infringement to go to the Patent Trial & Appeal Board and seek to get a patent invalidated. One of those methods is called Covered Business Method (CBM) review. Through the end of July 2015, the PTAB had issued 58 final decisions in CBM cases. Of the 58 decisions, 52 (90%) invalidated or canceled all claims in the patents, six (10%) invalidated or canceled some but not all of the claims, and zero resulted in all of the patent’s claims surviving the review.
That changed on August 5, when the PTAB issued its final decision in US Bank v. Solutran, a case involving a patent on check-processing technology. The PTAB issued a decision finding in favor of the patent owner as to all claims. The PTAB held that the prior art that had been asserted against the patent did not render the patent’s claims obvious, as US Bank had contended.
Bob Gilbertson, David Wallace-Jackson, and Sybil Dunlop, along with co-counsel Beck • Tsyver • Evans, represented the winning patent owner in this case. Contact Bob, David, or Sybil for more information about Greene Espel’s Intellectual-Property Litigation practice.
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