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BLOOMBERG INC.; BLOOMBERG L.P.; v. MARKETS-ALERT PTY LTD.

10415022 (P.T.A.B. Mar. 26, 2014)
BLOOMBERG INC.; BLOOMBERG L.P.; v. MARKETS-ALERT PTY LTD.

16 Cited authorities

  1. Regents of the Univ. of Cal. v. Lilly & Co.

    119 F.3d 1559 (Fed. Cir. 1997)   Cited 331 times   17 Legal Analyses
    Holding that written description requires more than a "mere wish or plan for obtaining the claimed chemical invention"

  2. Abbott Labs. v. Cordis Corp.

    710 F.3d 1318 (Fed. Cir. 2013)   Cited 46 times   2 Legal Analyses
    Recognizing that the AIA changed the PTO's review process from “an examinational to an adjudicative proceeding”

  3. Bilstad v. Wakalopulos

    386 F.3d 1116 (Fed. Cir. 2004)   Cited 57 times   2 Legal Analyses
    Adopting the definition of "plurality" of the Board of Patent Appeals

  4. In re Curtis

    354 F.3d 1347 (Fed. Cir. 2004)   Cited 16 times   1 Legal Analyses
    Holding that an application would not have put persons skilled in the art on notice of the broad scope claimed by the applicant, where there is "`unpredictability in performance of certain species or subcombinations other than those specifically enumerated'" (quoting In re Smythe, 480 F.2d at 1383)

  5. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  6. Section 324 - Institution of post-grant review

    35 U.S.C. § 324   Cited 42 times   56 Legal Analyses
    Requiring threshold determination that it is "more likely than not that at least 1 of the claims . . . is unpatentable"

  7. Section 326 - Conduct of post-grant review

    35 U.S.C. § 326   Cited 26 times   23 Legal Analyses

    (a) REGULATIONS.-The Director shall prescribe regulations- (1) providing that the file of any proceeding under this chapter shall be made available to the public, except that any petition or document filed with the intent that it be sealed shall, if accompanied by a motion to seal, be treated as sealed pending the outcome of the ruling on the motion; (2) setting forth the standards for the showing of sufficient grounds to institute a review under subsections (a) and (b) of section 324; (3) establishing

  8. Section 328 - Decision of the Board

    35 U.S.C. § 328   Cited 10 times   10 Legal Analyses

    (a) FINAL WRITTEN DECISION.-If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d). (b) CERTIFICATE.-If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue

  9. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments

  10. Section 42.20 - Generally

    37 C.F.R. § 42.20   Cited 15 times   38 Legal Analyses

    (a)Relief. Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion. (b)Prior authorization. A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding. (c)Burden of proof. The moving party has the burden of proof to establish that it is entitled to the requested relief. (d)Briefing. The Board may order briefing on any issue involved in the trial. 37 C.F

  11. Section 42.24 - Type-volume or page limits for petitions, motions, oppositions, replies, and sur-replies

    37 C.F.R. § 42.24   Cited 7 times   31 Legal Analyses

    (a)Petitions and motions. (1) The following word counts or page limits for petitions and motions apply and include any statement of material facts to be admitted or denied in support of the petition or motion. The word count or page limit does not include a table of contents, a table of authorities, mandatory notices under § 42.8 , a certificate of service or word count, or appendix of exhibits or claim listing. (i) Petition requesting inter partes review: 14,000 words. (ii) Petition requesting post-grant

  12. Section 42.65 - Expert testimony; tests and data

    37 C.F.R. § 42.65   Cited 5 times   15 Legal Analyses
    Discussing "[e]xpert testimony"

  13. Section 42.221 - Amendment of the patent

    37 C.F.R. § 42.221   Cited 4 times   7 Legal Analyses

    (a)Motion to amend. A patent owner may file one motion to amend a patent, but only after conferring with the Board. (1)Due date. Unless a due date is provided in a Board order, a motion to amend must be filed no later than the filing of a patent owner response. (2)Scope. A motion to amend may be denied where: (i) The amendment does not respond to a ground of unpatentability involved in the trial; or (ii) The amendment seeks to enlarge the scope of the claims of the patent or introduce new subject

  14. Section 42.302 - Who may petition for a covered business method patent review

    37 C.F.R. § 42.302   Cited 4 times   9 Legal Analyses
    Stating that a petitioner for CBM review must have been "sued for infringement or ... charged with infringement" and then defining only "charged with infringement"

  15. Section 42.220 - Patent owner response

    37 C.F.R. § 42.220

    (a)Scope. A patent owner may file a single response to the petition and/or decision on institution. A patent owner response is filed as an opposition and is subject to the page limits provided in § 42.24 . (b)Due date for response. If no date for filing a patent owner response to a petition is provided in a Board order, the default date for filing a patent owner response is three months from the date the post-grant review is instituted. 37 C.F.R. §42.220 77 FR 48729, Aug. 14, 2012, as amended at

  16. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   2 Legal Analyses

    (a)For an appeal under 35 U.S.C. 141 . (1) (i) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted notice will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday,