PTAB Issues First Precedential Designation For AIA Rulings

Law360, New York (August 1, 2014, 7:45 PM EDT) -- In a first under the America Invents Act, the U.S. Patent Trial and Appeal Board on Thursday designated a ruling as precedential, saying that a covered business method patent review cannot proceed if a petitioner files a civil suit to challenge a patent's validity prior to filing its review petition.

The PTAB granted the designation to a decision it reached in April that denied SecureBuy LLC a review of a patent held by CardinalCommerce Corp. that purportedly covers a method for credit card authentication. The ruling had said the appeal was foreclosed by two federal court suits SecureBuy had previously lodged...

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