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IP LitigationFederal Circuit

Challenge of PTAB’s Authority at the District Court Amounts to Impermissible Collateral Attack

December 2, 2014

IP LitigationFederal Circuit

Challenge of PTAB’s Authority at the District Court Amounts to Impermissible Collateral Attack

December 2, 2014

Back to Fish's Litigation Blog

 

Benefit Funding Systems LLC et al., v. Advance America Cash Advance Centers Inc. et al., __ F.3d __ (Fed. Cir. September 25, 2014) (PROST, Lourie, Hughes) (D. Del.: Stark) (3 of 5 stars)


Federal Circuit affirms district court’s decision to stay pending covered business method review.


Federal Circuit affirms district court’s decision to stay pending covered business method review (CBM) because appellants’ single argument—that the PTAB is not authorized to conduct CBM review based on 35 U.S.C. § 101—is an impermissible collateral attack. In the context of a stay determination, the district court “need not and should not analyze whether the PTAB might, at some later date, be determined to have acted outside its authority in instituting and conducting CBM review.” Slip op. at 7.

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CAFC Summary
Collateral Attack
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Blog Authors

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Brian J. Livedalen | Associate

Mr. Livedalen’s practice is focused on all aspects of patent litigation in federal district court and before the United States International Trade Commission (ITC) including pre-suit investigations, discovery, Markman hearings, expert witness discovery and testimony, and trial. He...

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Michael C. Tyler | Principal

Michael Tyler is a Principal in Washington, D.C., office of Fish & Richardson. His practice emphasizes patent litigation in the areas of analog circuitry, computer hardware, control systems, digital circuitry, and electrical engineering. He...

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