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ARTICLE · 03 APRIL 2014

PTAB Reluctant To Exclude Evidence

In the final written decisions of two related covered business method patent reviews of the same patent, the PTAB sided with the petitioner.

United StatesIntellectual Property

Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co.

In the final written decisions of two related covered business method (CBM) patent reviews of the same patent, the U.S. Patent and Trademark Office's (PTO) Patent Trial and Appeal Board (Board) sided with the petitioner, canceling all claims under review. Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co., Case Nos. CBM2012-00003, CBM2013-00009 (PTAB, Feb. 11, 2014).

On the first day of eligibility under the America Invents Act (AIA), petitioner Liberty Mutual filed for CBM review of a patent that Progressive had previously asserted against Liberty Mutual. The claimed invention related to a vehicle monitoring system that included a data logging device and a communications device for linking the data logging device to a network of computers for determining a level of safety or cost of insurance related to the vehicle.

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