The problem here was that the PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand the case for further consideration by the PTAB – namely the application of the proper standard.Īccording to Section 18 of the America Invents Act (AIA), the PTAB may institute a CBM proceeding only for a patent that is a covered business method patent.
Ultimately, in the final written decision issued by the PTAB on April 6, 2015, they upheld only the first ground, finding that the challenged claims were directed to unpatentable subject matter under section 101. The PTAB instituted the CBM review on four grounds: (1) lack of patent eligibility with respect to claims 25–29 (2) lack of written description support for claim 26 (3) obviousness of claim 25 and (4) obviousness of claim 25. On April 8, 2014, the PTAB instituted CBM review of all the challenged claims. The ‘752 patent describes a system and method for restricting access to a wireless device’s location information. 7,203,752 – is entitled Method and System for Managing Location Information for Wireless Communications Devices. In this case Unwired Planet, LLC appealed from the final written decision of the PTAB in CBM No. The Federal Circuit, in a decision by Judge Reyna who was joined by Judges Plager and Hughes, has again stood up to abusive PTAB practices and said enough! Indeed, the PTAB routinely ignores the statute and institutes CBM reviews on patents that simply do not qualify for review. The PTAB has long been criticized for ignoring the limiting statutory language that narrowly allows a CBM to be filed only on financial service patents. The case asked the court to determine whether the Patent Trial and Appeal Board (PTAB) has properly instituted a Covered Business Method (CBM) review. Google.Įarlier today the United States Court of Appeals for the Federal Circuit issued a decision in Unwired Planet v.
Judge Jimmie Reyna delivered the opinion of a unanimous panel in Unwired Planet v.
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