Monday, August 24, 2015

CAFC affirms PTAB in covered business method case of Progressive v. Liberty; Liberty Mutual loses

The CAFC affirmed the PTAB on its decisions on covered business methods:

For the foregoing reasons, the judgments of the Board
are affirmed.

Of details:

Liberty Mutual Insurance Company initiated seven
overlapping proceedings against Progressive Casualty
Insurance Company in the Patent and Trademark Office,
challenging many claims of several of Progressive’s insurance-related
patents under the statutory program for
review of “covered business method” patents. See GTNX,
Inc. v. INTTRA, Inc., 789 F.3d 1309, 1310 (Fed. Cir. 2015)
(describing transitional program for review of such patents
under 35 U.S.C. §§ 321–329, pursuant to the LeahySmith
America Invents Act, Pub. L. No. 112–29,
§ 18(a)(1), 125 Stat. 284, 329–31 (2011)). We now have
before us Progressive’s appeals from the Patent Trial and
Appeal Board’s final written decisions that many claims
are invalid over prior art. See 35 U.S.C. §§ 328, 329. We
affirm. We need not address Liberty’s cross-appeal in one
proceeding, because that cross-appeal concerns claims
held invalid in another proceeding whose result we affirm.



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