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PTAB Is Inconsistent On Qualifications For CBM Review

Law360, New York (August 10, 2016, 12:10 PM EDT) -- Brian S. Mudge

Andrew D. Kasnevich Congress enacted the transitional program for post-grant review of covered business method patents by the Patent Trial and Appeal Board as a quick and cost-effective way to adjudicate the validity of business method patents. In determining whether to institute a patent trial, the PTAB normally decides, as a threshold matter, whether the challenged patent qualifies as a covered business method, i.e., whether the patent claims a method, or corresponding apparatus, that is used in the practice, administration, or management of...
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