PTAB Institutes Very First Post-Grant Review (PGR)

American Simmental Association v. Leachman Cattle of Colorado, LLC

Representing the first decision of its kind, the Patent Trial and Appeal Board (PTAB or Board) instituted the first post-grant review (PGR) under the American Invents Act (AIA). American Simmental Association v. Leachman Cattle of Colorado, LLC, Case PGR2015-00003 (PTAB, June 19, 2015) (Kim, APJ.).

Petitioner American Simmental filed a petition seeking post-grant review of the patent owner's patent directed to evaluation of the relative market value of livestock. The petition challenged the patent on grounds of ineligible subject matter, anticipation and obviousness. After confirming that the challenged patent was eligible for post-grant review, the Board construed a couple of key terms in the independent claims before proceeding to evaluate the substantive challenges to the claims.