SecureBuy, LLC v. Cardinalcommerce Corp.
Paper 12, April 25, 2014
CBM2014-00035 (Patent 7,051,002)
[CBM review of patent claims previously challenged by petitioner in a civil action is bared]
Petitioner, SecureBuy, LLC, requested review of a CardinalCommerce patent under the transitional program for covered business methods. Two weeks prior to filing the Petition, SecureBuy filed two civil actions seeking declaratory judgements of invalidity of the same patent claims.
The Board denied CBM review. The Board noted that America Invents Act authorized CBM review under the same statutory standards and procedures that are applicable to post-grant reviews, other than those explicitly excluded. The Board held that 35 U.S.C. § 325(a)(1), which bars review of patent claims previously challenged by the petitioner or real party in interest in a civil action, bared review of the challenged claims.
Statutory standards and procedures applicable to post-grant reviews apply to CBM reviews unless otherwise provided. CBM review of patent claims previously challenged by the petitioner or real party in interest in a civil action is bared under § 325(a)(1).
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