PTAB Isn’t Making CBM Reviews Any Easier For Challengers

Overview


Alexander Ott, addressing the future of Patent Trial and Appeal Board review of covered business methods (CBMs), said, “It’s unclear if CBMs will be allowed to sunset in 2020, but it sort of seems like CBMs might go away with a whimper rather than continue to be used to the point where the program will be extended.” Mr. Ott doubted that what he called “also-ran” CBM dependent claims which aren’t critical to the patent will be allowed to continue.