Covered Business Method Patents

News & Analysis as of

No Exception for Energy Management Patent—CBM Review Instituted - Opower Inc. v. Cleantech Business Solutions

In its decision to institute a covered business method (CBM) patent review of an energy management patent, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) agreed with the petitioner...more

Polsinelli Podcasts - Hear How the SCOTUS Ruling May Impact Patent-Eligible Subject Matter for Software [Video]

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

USPTO Holds Forum on Interim Guidance -- Part III

In a forum held last month on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

CBM Review Based on New Combinations of Prior Art - eBay Inc., v. Moneycat LTD.

Addressing an alleged abuse of discretion asserted by a patent owner in instituting a covered business method (CBM) patent review, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) concluded...more

Limitations Drawn from Specification Not Enough to Overcome § 101 - Fidelity National Information Services, Inc. v. CheckFree...

Addressing subject matter eligibility of four covered business method patents, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) found that four patents were invalid in light of Alice Corp.,...more

What Constitutes a Covered Business Method Patent? - Groupon Inc. v. Blue Calypso Inc.

The U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) provided guidance as to what constitutes a patent subject to covered business method (CBM) review and what are “technological...more

IP Newsflash - February 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Declines to Extend Patent Exhaustion Doctrine - In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more

Assessing the Validity of Food Processing Patents, Post-Alice

Patent eligibility is in a state of flux. Software and business method innovations challenge the boundary of what is patentable under U.S. law. That dividing line is crossed when inventors claim exclusive rights in what...more

IP Newsflash - February 2015

FEDERAL CIRCUIT CASES - PTAB’s Broadest Reasonable Interpretation Standard Affirmed by Fed. Circuit in First Ever IPR Appeal - On Wednesday, February 4, 2015, the Court of Appeals for the Federal Circuit (CAFC)...more

"Federal Circuit Wrestles With Patent Eligibility of Internet-Based Business Methods"

When are Internet-based business methods eligible for patent protection under 35 U.S.C. § 101? In 2014, the Supreme Court laid the groundwork for the Federal Circuit to grapple with this question, when it decided Alice Corp....more

USPTO Provides Example Patent Eligible Software Claims

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

Post-Alice Patents in Ecommerce, Banking and Finance

Where are the post-Alice business method patents? Between January 1, 2015 and January 23, the USPTO issued 247 patents in class 705, the overall business methods classification. I reviewed the file histories of every...more

Some Patents May Survive Alice and Myriad

Guidance published by the U.S. Patent and Trademark Office (USPTO) on December 16, 2014 indicates a slight softening in its position regarding patentable subject matter. The patent community has been hard hit in the last few...more

News Flash! Exxon Patents Selling Energy!

Here's an odd one. With all of the concern about patents on business methoods run amok, and patent trolls patenting the mere application of age old ideas on the Internet, with the intense scrutiny that that USPTO appears to...more

Intellectual Property 2014 Year In Review

There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods,...more

Looking Ahead: Top IP and Technology Trends for 2015

2015 promises to be a challenging year for intellectual property law. Here is Brooks Kushman’s list of significant IP and technology law trends that clients should be prepared for in 2015....more

Does the Broadest Reasonable Interpretation Standard Make Sense?

Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals are taking...more

CDCA Court Swims Against the Tide of Software Patent Ineligibility in Caltech v Hughes

Patent applicants from the software and business method fields took notice after the United States Supreme Court issued its opinion in Alice Corporation Pty. Ltd. V. CLS Bank International, et al. (“Alice,” 134 S. Ct. 2347...more

Impact of the Alice V. CLS Bank Decision – A Year-End Review

The Supreme Court’s Alice Corp. v. CLS Bank Int’l decision has had a significant impact on the prosecution of software-based patent applications, on the institution of 101-based covered business method patent reviews, and on...more

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

Business Method Patents Live! – Federal Circuit Finds First Patent That Survives Post-Alice Analysis

Since the Supreme Court issued its June 2014 decision in Alice Corp. v. CLS Bank International, federal district courts, the Court of Appeals for the Federal Circuit, and the United States Patent & Trademark Office have been...more

PTAB Applies Balancing Test in Deciding Motions to Seal Evidence

Search Am., Inc. v. TransUnion Intelligence, LLC - In an recent covered business method (CBM) patent review proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied the parties’...more

Claims Directed to a Mental Task Are Abstract, but Computerizing an Old Practice Is Not

Cambridge Assocs., LLC v. Capital Dynamics; PNC Bank et al. v. Secure Axcess - Addressing the issue of patent-eligible subject matter for covered business method (CBM) patents, the U.S. Patent and Trademark Office...more

Failure to Address All Graham Factors Dooms CBM Petition

Travelocity.com L.P. v. Cronos Technologies LLC - Addressing the showing required to institute covered business method (CBM) proceedings based on obviousness, the U.S. Patent and Trademark Office Patent Trial and...more

Stays Pending Covered Business Method Patent Review: VirtualAgility v. Salesforce.com

The Federal Circuit’s divided decision in VirtualAgility Inc. v. Salesforce.com, Inc. is the first major decision from the Federal Circuit interpreting the discretionary stay provision of § 18(b)(1) of the America Invents Act...more

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