[WIPSTUDY #12] Trial Docket and PTAB Reference (PGR, CBM)

In the #12 issue,
as mentioned in the last issue, we're going to review the documents of Trial/Appeal and PTAB references with the cases of PGR and CBM.

Trial Reference - PGR (Post Grant Review) and
                           CBM (Covered Business Method)

< search n analysis database : WIPS Global >

To remind;

PGR (Post Grant Review) is ...

   a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent on any ground that could be raised under §282(b)(2) or (3). Post grant review process begins with a 3rd party filing a petition on or prior to the date that is 9 months after the grant of the patent or issuance of a reissue patent. (USPTO)


⧭ PGR2017-00043
Textron Inc. v. Nivel Parts & Manufacturing Co., LLC

wipsglobal.com > Trial/Appeal-PGR search

• Petitioner : Textron Inc.
• Patent Owner : Nivel Parts & Manufacturing Co., LLC
• Claims challenged : 1-7
• PTAB status : Settled
• PTAB outcome : No claims invalidated/ Cancelled
• Patent No. : USP 9481265 (Nov. 1, 2016 granted)

This trial between Textron and Nivel Parts & Manufacturing is on US patent 9481265, which is entitled 'Convertible golf cart seat assembly'. It was filed on Aug. 1, 2017 and closed in Feb, 2018 by the settlement of the two parties.

Grant date of the corresponding patent is Nov. 1, 2016 and the PGR petition was requested Aug. 1, 2017 which is 9 month since the grant date.

wipsglobal.com > Trial/Appeal-PGR search

⏬(below) Petition for Post Grant Review of U.S. Patent No. 9,481,265

wipsglobal.com > Trial/Appeal-PGR search > Docket

🔻(below) Post Grant Review PTAB citation reference

wipsglobal.com > Trial/Appeal-PGR search > View Detail

🔻(below) Post Grant Review PTAB non-patent reference

By these PTAB patent/ non-patent references which were cited and used for trial decision, this case won't be able to be issued again.

wipsglobal.com > patent search > View Detail-Evaluation grade

◀ USP 9481265 is evaluated  AAA grade in the aspect of Rights, Technology and Usability.
. Rights - AAA
. Technology- AAA
. Usability - AAA







Now we can take a look at CBM case.

To remind;
CBM (Covered Business Method) ...
  a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service, except that the term does not include patents for technological inventions.(USPTO)

Unlike IPR or PGR, U.S. Patent and Trademark Office (USPTO) regulations defines a CBM patent as a patent having claims: (1) used in the practice, administration, or management of a financial product or service, and (2) that do not claim a "technological invention."


⧭ CBM2017-00035
Federal Reserve Bank of Atlanta v. Bozeman Financial LLC.

wipsglobal.com > Trial/Appeal-CBM search

• Petitioner : Federal Reserve Bank of Atlanta
• Patent Owner : Bozeman Financial LLC
• Claims challenged : 1-26
• Claims instituted : 1-26
• PTAB outcome : All instituted claims invalidated/ Cancelled 
• Patent No. : USP 6754640

This trial between Federal Reserve Bank of Atlanta and Bozeman Financial is on US patent 6754640, entitled 'Universal positive pay match, authentication, authorization, settlement and clearing system'. It was filed on Jan. 31, 2017. This trial is closed since 1 year since instituted. All of the instituted claims are invalidated.

🔻 The docket information of the trial.

wipsglobal.com > Trial/Appeal-CBM search

⏬(below) CBM docket of the petition for Petition for Covered Business Method Review of Claims 1-26 of U.S. Patent no. 6754640.

wipsglobal.com > Trial/Appeal-CBM search > Docket

🔻 Checking the patent's trial record,
trial is dated Jan. 31, 2017 as below.

wipsglobal.com > patent search > View detail-trial/appeal tap

🔻 Checking the patent's litigation record,
its litigation is dated Feb. 1, 2017 as below.

wipsglobal.com > patent search > View detail-litigation tap

The Petitioner has filed the trial and litigation at the almost same time.


🔻(Below) CBM Review PTAB references

wipsglobal.com > Trial/Appeal-CBM search > View Detail

PTAB patent Citation reference and PTAB other (non-patent) references, which are journals referred to the trial decision.

wipsglobal.com > patent search > View Detail-Evaluation grade

◀ USP 6754640 is evaluated  AA grade in the aspect of Rights, Technology and Usability.
. Rights - AAA
. Technology- AA
. Usability - A








⧭The patent evaluation grade provides the evaluation grade of the Patent Analysis Evaluation System (SMART3) of the KIPA (Korea Invention Promotion Association) SMART3

* Rights : the likelihood of the patent to be maintaining its exclusive status in a patent dispute with a third party.
* Technology : The extent to which the patent to be evaluated coincides with and leads technical trends.
* Usability : The extent to which the patent to be evaluated will be used in business and the probability of the patent being used in business.

Continued...>>