Old Era of Post-Grant Examination Ended and New Era Began Sunday Morning

Scott Daniels | September 17, 2012

IP360 is reporting this morning that the first petition under the new post-grant examination provisions of the America Invents Act was filed Sunday – a petition for post-grant review filed by SAP challenging the validity of U.S. Patent No. 6,553,350 owned by Versata.

The petition includes an argument that certain claims are invalid as anticipated by a printed publication – an argument available under the old law.  But the petition also includes a number of assertions that are possible only under the new provisions: that claims are invalid because they recite patent-ineligible subject matter, they lack written description support in the specification, they are indefinite, and they were known in the United States.  There is even an argument that the claims invalid over “admitted prior art” based on the patentee’s infringement allegations.

One negative aspect of SAP’s petition is the filing fee, $35,800.

Just as the new was beginning, the old era was ending, and with a bang.  There were 210 requests for ex parte reexamination and 259 requests for inter partes reexamination, by our count in the last week, about 15 times the normal number for a seven-day period.  Needless to say, our customary weekly report of new filings will be a bit late this week.

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