Examination of 112 Rejections in CBM Petitions
Rowan continues with our examination of Covered Business Method (CBM) petitions, this month delving into the holders of the patents that were most frequently targeted with a CBM petition. We noticed three entities – Smartflash LLC, Phoenix Licensing LLC and Trading Technologies International Inc. – that topped the list. We wondered what kind of arguments were used against these three patent holders, and how that compared to the total CBM petitions.
Of 385 total petitions, 78 (20.26%) were filed against the three entities, between January 1, 2015 and April 30, 2022. Only 8 of these (10%), considered a 112 argument. Comparing this to the data we presented in May, of the 385 total CBM petitions, 15% considered a 112 argument. Did these three large patent holders do a better job in preventing 112 issues?