In Seeking Patent Review, Timing Matters

GTNX, Inc. v. INTTRA, Inc.

Clarifying the "final written decision" rule in covered business method (CBM) reviews, the U.S. Court of Appeals for the Federal Circuit explained that the Patent Trial and Appeal Board's (PTAB or Board) decision to terminate a CBM proceeding was not appealable because the Board's decision did not address the validity of the patents. GTNX, Inc. v. INTTRA, Inc., Case Nos. 15-1349; -1350; -1352 and -1353 (Fed. Cir., June 16, 2015) (Taranto, J.).

The patents-at-issue related to online methods for coordinating containerized shipping. In 2011, the appellant's parent company filed suit in district court, seeking a declaratory judgment that the patents were invalid. While that case was pending, the appellant petitioned the U.S. Patent and Trademark Office (USPTO) for a CBM review of the asserted patents.