PTAB Confirms Viability Of Priority-Based Challenges

Law360, New York (February 27, 2014, 6:43 PM EST) -- On Feb. 11, 2014, the Patent Trial and Appeal Board issued its final written decision for two companion covered business method cases captioned Liberty Mutual Ins. Co. v. Progressive Casualty Ins. Co. In the first of the two cases (“Liberty I”), Liberty challenged the priority of the U.S. Patent No. 8,140,358 based upon intervening art. Within two months of Liberty I, a second proceeding (“Liberty II”) was filed against the same claims of the ’358 patent relying on traditional prior art which antedated the ’358 patents’...
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