Analysis

PTAB Isn't Making CBM Reviews Any Easier For Challengers

Law360, New York (October 6, 2017, 9:41 PM EDT) -- With its refusal to adopt a "time of filing" rule, the Patent Trial and Appeal Board reinforced a means of avoiding covered business method reviews and continued a trend toward making CBM challenges difficult for petitioners, attorneys said.

In a Sept. 28 decision, an expanded panel declined to adopt a rule suggested by Facebook Inc. that would have required PTAB judges considering a CBM petition to assess the patent's claims as they existed at the time the petition was filed — not as they are when the board decides whether to institute review.

In doing so, attorneys said, the PTAB declined...

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