On November 25, the Federal Reserve Bank of Atlanta (Bank of Atlanta) filed a brief in opposition in response to a petition for a writ of certiorari filed by Bozeman Financial LLC (Bozeman) with the U.S. Supreme Court on September 8. Bozeman’s petition followed a decision of the U.S. Court of Appeals for the Federal Circuit (CAFC), which affirmed a decision of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) holding that the PTAB correctly determined claims 21–24 of U.S. Patent No. 6,754,640 (’640 patent) and claims 1-20 of U.S. Patent 8,768,840 (’840 patent), both owned by Bozeman Financial LLC (Bozeman), to be directed to patent ineligible subject matter under 35 U.S.C. § 101. In reaching the decision, the CAFC first determined the appellees, all 12 of the United States Federal Reserve Banks, were considered “persons” under the America Invents Act (AIA) and, therefore, eligible to petition for post-issuance review under the AIA. In its brief in opposition, the Bank of Atlanta asserted that the CAFC “correctly concluded that the Reserve Banks should not be viewed as part of the sovereign for purposes of the AIA’s post-grant review provisions” and that the Supreme Court’s review is not warranted.
Response Filed to SCOTUS Petition on Question of Whether Reserve Banks Are ‘Persons’ Eligible to Request PTAB Review
No Comments
Litigation
- USPTO Responds to Patent Bar Gender Gap Inquiry, Mulls Changes to Registration Process
- US Inventor Backs SCOTUS Petition to Clarify Claim Construction Principles
- Ericsson Wins Anti-Interference Injunction Against Samsung in Texas FRAND Case
- Supreme Court Will Review Doctrine of Assignor Estoppel
- Patent Filings Roundup: IP Edge End-of-Year Filing Spree, WSOU Ends Year as Top Single-Entity Filer; AC Competitors Go to War Over a Cool Million
Recent Posts
- The Right Choice: IP Stakeholders Emphasize Practical Experience, Strong IP Advocacy in Next USPTO Head
- USPTO Responds to Patent Bar Gender Gap Inquiry, Mulls Changes to Registration Process
- How Patents Enable Mavericks and Challenge Incumbents
- ipAwarenessAssessment: Inventors and Business Owners Should Start Their IP Journey with this USPTO-NIST Tool
- Other Barks & Bites for Friday, January 22: Iancu and Peter Step Down from USPTO, CJEU Asked Whether Preliminary Injunction Standard Burdens Patent Owners, SCOTUS Denial Leaves Invalidation of Idenix Genus Patent Claims Untouched