GTNX, Inc. v. INTTRA, Inc.
In a decision bringing four instituted covered business method
(CBM) review proceedings to a full stop, the Patent Trial and
Appeal board (PTAB or Board) reiterated that a petitioner's
declaratory judgment action filed before a CBM proceeding
statutorily dooms the later CBM review. In doing so, the
Board pointed to its precedential decision in SecureBuy, which
underscored the controlling language of § 18 of the
Leahy-Smith America Invents Act (AIA). GTNX, Inc. v.
INTTRA, Inc., Case Nos. CBM2014-00072;-075 (PTAB, Dec. 10,
2014) (Green, APJ).
The petitioner, GTNX, filed petitions in February 2014 seeking
CBM review of four of INTTRA's patents, a parent and three
divisionals, directed to online systems and methods for buyers and
sellers of international container transportation services.
According to the claimed invention, the system gives a user a
single point of access for booking cargo across a plurality of
carriers. A shipper wanting