New Ways To Challenge Patents In Inter Partes Review
March 27, 2014, 1:12 PM EDT
Law360, New York (March 27, 2014, 1:12 PM EDT) -- The Patent Trial and Appeal Board recently terminated an inter partes review, holding the claims were indefinite in violation of 35 U.S.C. § 112. Blackberry Corp. v. Mobilemedia Ideas LLC, IPR2013-00036, No. 65 (PTAB March 7, 2014). In the past, the board invalidated claims in IPRs using prior art raised under 35 U.S.C. §§ 102-103, which the board has the ability to perform under the America Invents Act. See 35 U.S.C. § 311(b).
While the new Blackberry decision greatly expands the scope of what a petitioner...