CBM Reviews A Less Potent Tool As Fed. Circ. Limits Scope
Law360, New York (November 22, 2016, 9:10 PM EST) -- Companies considering challenging patents under the America Invents Act's covered business method patent review program may need to reconsider after a Federal Circuit ruling Monday restricted the scope of the program, likely making fewer patents subject to review, attorneys say.
The appeals court ruled that the Patent Trial and Appeal Board's expansive view of what types of patents can be challenged in so-called CBM reviews runs afoul of limits Congress set in the AIA, and vacated a decision in which Google Inc. secured the invalidation of an Unwired Planet LLC patent.
The AIA states that the program was designed for patents...
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