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ARTICLE · 05 AUGUST 2015

Successful Joinder In CBM Proceedings

McDermott Will & Emery
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Addressing the requirements for joinder of a covered business method (CBM) review to an ongoing CBM review, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB or Board) found that petitioner met its burden to show it was entitled to the requested relief.

United StatesIntellectual Property
Brad Wilson
Brad Wilson
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Skimlinks, Inc. and Skimbit, Ltd. v. Linkgine, Inc.

Addressing the requirements for joinder of a covered business method (CBM) review to an ongoing CBM review, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB or Board) found that petitioner met its burden to show it was entitled to the requested relief. Skimlinks, Inc. and Skimbit, Ltd. v. Linkgine, Inc., Case No. CBM2015-00086 (PTAB, June 12, 2015) (Kalan, APJ).

The petitioner Skimlinks/Skimbit sought to institute a CBM patent review of a patent based on four grounds, all of which were already asserted in a previously-instituted CBM (VigLink, Inc. v. Linkgine, Inc., CBM2014-00184) against the same patent filed by a different petitioner. The Skimlinks petitioner also filed a Motion for Joinder with the VigLink CBM, requesting joinder of the first two grounds with the VigLink CBM and requesting continuation of the present proceeding with respect to a third ground. Neither VigLink nor

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