REPOST: Patent Board's SAP ruling is first under new AIA rules

This article talks about the Patent Board's first ruling under the new America Invents Act rules.

In the first ruling of its kind since the America Invents Act established a new system for reviewing patents, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) ruled Tuesday that a key patent used in a case brought by Versata Inc. against SAP America Inc. is too abstract and therefore invalid.

The dispute revolves around a business method patent related to dynamic pricing technology, which Versata alleged SAP infringed. In 2007, Versata sued, claiming SAP stole its patented technology, and said that demand for its product dropped precipitously after SAP started offering the same software.

But in the first case to be tried under the covered business method (CBM) post-grant review proceedings initiated under the under Leahy-Smith America Invents Act of 2011, the PTAB ruled that the patent, known as the ‘350 patent,’ is invalid. “Specifically, the claims recite unpatentable abstract ideas and the claims do not provide enough significant meaningful limitations to transform these abstract ideas into patent-eligible applications of these abstractions,” the written decision said.

The case had followed a parallel track in federal court, and in May, the U.S. court of Appeals for the Federal Circuit affirmed a lower court decision ordering SAP to pay Versata $345 million in damages for infringing Versata’s patent. SAP has petitioned the appellate court for a rehearing and that request is pending. The PTAB decision, however, means SAP may have a chance to get the infringement ruling overturned.

“We’re pleased with the decision and pleased for our client,” said Erika Arner, a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, and one of the attorneys who represented SAP at the PTAB trial.

Versata will appeal the PTAB ruling to the Federal Circuit, said Scott Cole, a partner at McKool Smith who represents Versata. The company has also challenged the notion that the PTAB had authority in this proceeding on two separate grounds, Cole said. “We think the decision is completely off base, and we are confident that on review it will be flipped,” he said.

But the PTAB ruling, which was issued only 9 months after the case was first filed, could lead other companies to use this new system to challenge patents based on business methods, said Steven Baughman, a partner at Ropes & Gray who also represented SAP before the PTAB. Baughman, who is counsel on 15 of the 28 petitions that have been filed so far before the PTAB, said the speed with which such cases can be resolved, as well as the broad view of what qualifies as a business method patent, could encourage others to consider such a proceeding. “It’s a good alternative to district court, and we were pleased with the process and the way the board viewed the evidence,” he said. “I think others who were hesitant to go to the PTAB before will now begin to see its benefits.”

Senator Charles Schumer (D-NY) has introduced legislation that would allow other types of patent challenges to be heard by the PTAB—an effort to discourage patent assertion entities, or patent trolls, that use broad patents to sue.

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Tips on Becoming a Lawyer

Do you want to become a lawyer? EHow.com shares some basic tips on how to become a lawyer.

If you want to become a lawyer, you may find that the process is overwhelming. The process of becoming an attorney is long and requires a great deal of paperwork and schooling. There are many things that you can do in order to ease the process and successfully become an attorney.

Do Well In School

• In order to become a lawyer, you must receive both a Bachelor's degree and a Juris Doctor degree. This means that you must attend an undergraduate school and law school. Doing well in school requires more than just being at the top of your class. It also requires that you take advantage of courses and opportunities that are available in school. You may get an undergraduate degree in any major that interests you, but consider taking classes in logic and writing. Writing is the most important aspect of being an attorney because attorneys spend significant time every day writing. A logic course is beneficial because a lawyer must use logical reasoning principles every day and will be helpful when you attend law school. Law school does not require students to choose a major, and much of the curriculum is left up to the students, so take classes that interest you and that you can apply yourself to do the best that you can. When you are in law school, you must be sure to take advantages of all opportunities that you can. Join clubs and societies that interest you in order to expose yourself to different areas of law and different view points concerning the law.

Take Advantage of Experiential Education

• Experiential learning is incredibly important for aspiring attorneys, however it is not as prevalent among law students as one would think. While in college, take advantage of internships that are available for credit. See if you can intern with a law firm. Not only will this give you a good idea of whether you would like to do this as a profession, but it will also allow you to observe and gain valuable insight that you can apply in your career. While in law school, take advantage of any clinics that are available and that interest you. Many law schools have clinical programs focusing on family law, tax law, criminal law, and employment law. These types of programs give you valuable practical experience that employers look to when considering potential employees.

Stay Positive and Remain Focused

• The process of becoming an attorney is long and it is easy to lose your focus. In order to go to law school you have to go to college, register for the Law School Admission Council and the Law School Admission Test. Remember that everything that you do has a purpose, and you are doing it so that you can become an attorney. Further, law school is difficult because it is a completely new experience and teaching method for most students. This becomes apparent in the first year of law school. Never forget why you are there and why you want to be an attorney. Do not become overly discouraged when things happen. Keep things in perspective, remember that lawyers do not win every case, motion, and appeal. Overcoming adversity is the way you persevere as a lawyer.

Complete All Paperwork Early

• There are many things you must do in order to become an attorney, and most if it requires considerable paperwork. You must apply to college and to law school. You must register for the Law School Admission Council and register to take the Law School Admission Test. You must sign up to take the Multistate Bar Examination, as well as the bar exam for your particular jurisdiction. These applications, particularly the bar exam application, take a considerable amount of time. For instance, for most bar exam applications, you must submit a great deal of information, including driving records and criminal background histories. It takes time to gather the information and you do not want to cut yourself short in doing this because it could cost you more money for filing late, or it could delay your ability to enter school or take the bar exam.

Take the Bar Exam Seriously

• The bar exam is not easy. The information necessary to pass the bar exam is voluminous and diverse. You must begin studying as early as practical, which is generally in the beginning of your second semester of your last year in law school. Sign up for a course that will help coach you on how to pass the bar exam and adhere as best as you can to its recommendations. Studying for the bar exam is a several month process and you have to take it seriously, but do not let it consume your life. Figure out the balance you need to preserve good mental health while learning as much as you can.

Source: http://www.ehow.com/list_6519879_tips-becoming-lawyer.html

What to expect from your lawyer

Many people do not have their own lawyers to represent them in court. Some only hire a legal representative when the need arises, hence many people do not know what to expect from an attorney-client relationship.

Lawyers owe certain duties to their client. Such duties include the duty of confidentiality, duty to avoid conflicts of interest, duty to represent the client, and duty to provide competent representation.

The duty of confidentiality simply means that lawyers ought to keep everything that have transpired and will transpire between his or her client a secret. Information about the client’s affairs must be confidential and must not be used by other people unauthorized by the client.

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To avoid conflict of interest, an attorney must see to it that the clients he represents do not conflict with the interests of each other. This, however, does not mean that a lawyer cannot represent someone whose business is in competition with the other client. Avoiding conflict means that if a lawyer negotiates a lease for Client X, he cannot represent Client Y who wants the same space.

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Representing the client means that lawyers should always represent the interests and point of view of their clients. But it does not mean that they can condone fraudulent actions.

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Last but not the least, lawyers should provide competent representation. They should make the client aware if they have the experience and expertise to represent the latter. If not, the lawyers should refer an attorney who could best represent the client.

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