April 2015

Looking Ahead

On April 1, 2015, in Intellectual Ventures II LLC v. JPMorgan Chase & Co., No. 14-1724 (Fed. Cir. Apr. 1, 2015), the Federal Circuit held that it did not have jurisdiction to review the district court’s denial of JPMorgan Chase & Co.’s motion to stay pending covered business method review (“CBMR”).  The Court considered whether a CBMR “proceeding” under
AIA § 18(b)(2) encompasses CBMR petitions on which the Board has not yet acted.  After reviewing the statutory language and legislative history, the Court explained that “the language of the statutory scheme consistently defines ‘proceeding’ as beginning when the [Board] institutes review.”  Slip op. at 11.  Based on this interpretation, the Court held that it did not have jurisdiction over an interlocutory appeal denying a decision on a motion to stay until the Board institutes a CBMR proceeding.  Judge Hughes dissented, asserting that the majority’s opinion relied on an “overly narrow textual analysis” and was at odds with the specific purpose of the CBMR procedure.  Hughes Dissent at 2.

Read the full summary in the next edition of Last Month at the Federal Circuit.