On June 13, 2016, the Patent Trial and Appeal Board
("PTAB") issued first ever final written decisions out of
post grant review proceedings. Post grant review is available only
for patents stemming from applications filed on or after March 16,
2013. Post grant review petitions must be filed within nine (9)
months from the issuance of eligible patents. Inter partes review
is available outside of the nine (9) month window.
The final written decisions resulted from two post grant review
proceedings involving the same parties. In the first post grant
review proceeding filed by American Simmental Association (
Case PGR2015-00003), the PTAB found claims 1-20 of U.S. Patent
No. 8,660,888 ("the '888 patent") unpatentable. The
'888 patent is directed to generic quality and relative market
value of livestock. In the first final written decision, the PTAB
discussed eligibility of the '888 patent for post-grant review.
As to the grounds of unpatentability, the PTAB discussed
