While the Supreme Court continues to consider WesternGeco, that’s not the only oil services patent case to read up on.[1. In fact, it’s been a heavy oil term at the Court—Oil States was also about an oil services patent.] A little over a month ago, the Supreme Court’s SAS opinion determined that the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. can’t pick and choose which claims to consider in an inter partes review (IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected.). Today, the Federal CircuitSee CAFC released its opinion in PGS Geophysical v. Iancu, covering how they will handle post-SAS appeals of pre-SAS IPRs that were instituted on only some claims.
PGS at PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. and CAFCThe U.S. Court of Appeals for the Federal Circuit, commonly referred to as ‘the Federal Circuit.’ The appellate court that has exclusive jurisdiction over patent appeals from district courts as well as the USPTO. The Federal Circuit was established in 1982 to regularize patent law across the country but has often been criticized for what many perceive as an applicant/patentee
PGS owns a patent on certain techniques for marine seismic surveying.
In November 2014, WesternGeco[2. Yes, the same WesternGeco as in the Supreme Court case.] challenged the validity of PGS’s patent at the Patent Trial and Appeal Board (PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA.). The PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. instituted IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected. on some, but not all, of the PGS patent’s claims. WesternGeco settled out of the IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected., but the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. continued the IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected..[3. This ability of the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. to continue an IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected. even when a petitioner drops out is one of the major reasons that the Saint Regis Mohawk Tribe should not receive tribal immunity from IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected., an issue that was argued at the Federal CircuitSee CAFC earlier this week.] In June 2016, the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. invalidated some of the claims on which it had instituted the IPRIntellectual Property Rights. Usually associated with formal legal rights such as patent, trademark, and copyright. Intellectual property is a broader term that encompasses knowledge, information, and data considered proprietary whether or not it is formally protected..
PGS appealed the PTAB’s final decision to the Federal CircuitSee CAFC, and the case was argued in April of 2018, a week after the SAS opinion was handed down.
Faced with the question of whether to reopen claims where institution was denied, the Federal CircuitSee CAFC determined that there was no reason (particularly where no party requested it) to reopen those claims, and that it was permissible to deal with only the claims that the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. actually decided.
Impacts of PGS Geophysical
PGS Geophysical minimizes the damage that will be felt in cases that started before and will end after SAS. At least if no party requests it, the Federal CircuitSee CAFC will neither reopen nor require the PTABPatent Trial and Appeal Board. Reviews adverse decisions of examiners on written appeals of applicants and appeals of reexaminations, and conducts inter partes reviews and post-grant reviews. The Board also continues to decide patent interferences, as it was known as the Board of Patent Appeals and Interferences (BPAI) before the AIA. to reopen proceedings on non-instituted claims.
Future cases won’t be so lucky. SAS is likely to have negative impacts long-term, forcing parties to expend resources debating claims that don’t even meet the threshold likelihood of invalidity.