The Federal Circuit yesterday issued a precedential opinion in Versata Development Group v. SAP America, Inc., Appeal No. 2014-1194 (Fed. Cir. Jul. 9, 2015), finding the claims invalid under 35 U.S.C. § 101. In addition to the case-specific merits, the Federal Circuit addressed several threshold issues regarding CBM procedure.

CBM eligibility is reviewable on appeal -

The Federal Circuit had previously held that the PTAB’s institution decision is final and nonappealable (In re Cuozzo Speed Technologies, LLC, 778 F.3d 1271 (Fed. Cir. Feb. 4, 2015), revised Jul. 8, 2015). But even though CBM eligibility is determined at the institution stage, the Versata court held that CBM eligibility was nonetheless reviewable after final written decision.