PTAB Accepts L&W Argument, Turns Aside Challenge To Patent

Today the U.S. Patent & Trademark Office ruled in favor of a L&W client in a covered business method (“CBM”) post-grant proceeding under the America Invents Act, and denied the petitioner’s request for review of a patent owned by the client.  The PTO ruled that because the petitioner had previously filed a declaratory action challenging the patent, it was barred from obtaining review in the PTO on the same patent.  To L&W’s knowledge, this decision is the first by any tribunal to address this statutory bar argument in the CBM patent review context.  The proceeding is case no. CBM2013-00059 before the Patent Trial and Appeal Board.