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ARTICLE · 06 FEBRUARY 2015

Prior Declaratory Judgment Action Fatal To CBM Petitioner

Interestingly, GTNX's earlier civil actions were actually noted in its petitions. However, neither the patent owner nor the Board noticed this information prior to institution.

United StatesIntellectual Property

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

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