Covered Business Method Patents

News & Analysis as of

Business Method Patents in Australia: Mere Computer Implementation Not Enough

On 10 November 2014, the Australian Full Federal Court (Court) held that a method of creating an index of securities using a standard computer was a 'scheme', and hence, not a patentable invention within section 18(1)(a) of...more

Another Software Patent is Ruled Patent-Ineligible - Are Business Method and Software Patents at Risk?

On November 14, 2014, in a much-anticipated decision following the U.S. Supreme Court’s decision in Alice v. CLS Bank, a unanimous U.S. Court of Appeals for the Federal Circuit held in Ultramercial, L.L.C. v. WildTangent,...more

PTAB Does Not Rely on District Court’s Markman Decision in Construing Claim Terms

SAP America, Inc. v. Arunachalam - Addressing allegations of impropriety of district court judges that purportedly led to a “tainted” claim construction ruling, the U.S. Patent and Trademark Office’s Patent Trial and...more

Inter Partes Review: Lessons Learned and Emerging Trends

Introduced by the America Invents Act (AIA), Inter Partes Review (IPR) first became available on September 16, 2012. “IPRs have really taken off and filings have increased over time as more and more people consider how useful...more

Method Implemented on Generic Computers Is Not Patent Eligible, but Method for Processing Paper Checks Is

Salesforce.com, Inc. v. Virtualagility, Inc. and U.S. Bancorp v. Solutrain, Inc. - In a pair of covered business method (CBM) decisions, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or...more

Australian Full Federal Court Confirms Position On The Patentability Of Computer-Implemented Business Methods

RESEARCH AFFILIATES LLC V COMMISSIONER OF PATENTS [2014] FCAFC 150 - The Full Court of the Australian Federal Court has handed down its much awaited decision in Research Affiliates LLC v Commissioner of Patents [2014]...more

No Collateral Attacks on Stay Decision Pending Completion of CBM Review

Benefit Funding Sys., LLC v. Advance Amer. Cash Advance Centers Inc. - Addressing a motion to stay district court litigation pending a covered business method (CBM) review, the U.S. Court of Appeals for the Federal...more

Patent Filings and Institution Decisions for October 30, 2014

New Filings - Apple, Inc., filed IPR2015-00185, challenging U.S. Patent No. 7,921,211, assigned to Virtnex, Inc. ...more

Do-Gooders Need Not Apply

According to its mission statement, Consumer Watchdog is a non-profit entity “dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and...more

Cambridge Assoc., LLC v. Capital Dynamics (PTAB 2014); PNC Bank v. Secure Axcess, LLC (PTAB 2014)

As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for...more

CBM Review Cannot Proceed if Petitioner Filed Civil Suit Challenging Patent’s Validity Prior to Filing Review Petition

SecureBuy LLC v. Cardinal Commerce Corp. - Addressing the circumstances under which a Covered Business Method (CBM) patent review may proceed, the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal...more

First Final CBM Decision Invalidates Patent Under § 101

U.S. Bancorp v. Retirement Capital Access Management Co. - In the first final written decision issued in a Covered Business Method (CBM) proceeding, the Patent Trial and Appeal Board (PTAB, the Board) ruled that it has...more

The PTAB finds that the petitioner did not show that a patent claiming internet-based transactions is not a technological...

In GSI Commerce Solutions, Inc. v. Lakshmi Arunachalam, GSI filed a petition seeking covered business method patent review of U.S. Patent No. 8,346,894 relating to "facilat[ing] real-time two-way transactions, as opposed to...more

Down the Rabbit Hole – The Impact of Alice on Software Patents

Software patents recently took another hit as courts continue down the rabbit hole following the Supreme Court decision in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). In Alice, the Court held that claims to...more

PTAB - Trulia and Zillow possible merger is not a sufficient basis for extending the 12 month period to complete the trial

In Trulia, Inc. v. Zillow, Inc., Trulia filed a petition seeking covered business method review of U.S. Patent No. 7,970,674 relating to automatically determining a current value for a real estate property. CBM2013-00056. On...more

Post-Grant Insights: What claims to include in your PTAB petition [Video]

The first challenge in designing either an inter partes review (IPR) petition or a covered business method (CBM) patent petition is to decide which claims to address before the Patent Trial and Appeal Board (PTAB). Overview...more

Institution Decisions on September 30, 2014

Institution Decisions - In Apple Inc. v. Smartflash LLC, CBM2014-00102, Paper 8, CBM2014-00103, Paper 8, (September 30, 2014) the Board instituted a covered business method review of claims 1, 2, and 11-14 of U.S. Patent...more

The Patent Trial and Appeal Board Second Anniversary: Reflections and Strategies For The Years Ahead

What a difference two years can make. In 2012, the America Invents Act (“AIA”) created new proceedings to challenge the validity of claims in issued patents. These proceedings are administered by the United States...more

Federal Court Rules Business Method Patent Invalid Post-Alice

On September 2, 2014, the District Court for the Eastern District of Texas ruled in the case of Loyalty Conversion Systems Corporation v. American Airlines, Inc. that the plaintiff's business method patents concerning...more

Post-Alice Federal Circuit Finds Software-Related Patent Not Patent Eligible; Tips on Business Method Patents in New Landscape

In its first precedential decision regarding a business-related invention since the Supreme Court's 2014 Alice v. CLS Bank decision, the Federal Circuit held claims invalid for lack of patent eligibility under Section 101 of...more

Stay pending interlocutory appeal of denial of stay for ungranted CBM petitions denied

Intellectual Ventures II LLC v. JP Morgan Chase & Co. et al. Case Number: 1:13-cv-03777 - Summary: JP Morgan Chase (“JPMC”), having lost a motion to stay this case pending resolution of IPRs and CBMs [LINK TO 19...more

No stays for IPRs and CBMs in view of advanced stage of litigation and long PTAB timeline

Intellectual Ventures II LLC v. JP Morgan Chase & Co. et al. Case Number: 1:13-cv-03777 - Summary: In litigation filed June 2013 with a trial anticipated in the summer of 2015, Judge Hellerstein denied JP Morgan...more

First Application of Alice Corp. Decision to Covered Business Method Patent Review

Stewart Title Guaranty Co. v. Segin Software, LLC - In determining whether a Covered Business Method (CBM) patent review should be instituted, the Patent Trial and Appeal Board (Board) referred to the Supreme Court’s...more

Patent Filings, Decisions, Dispositions and Rehearings on September 4, 2014

Institution Decisions - In Fiserv, Inc. v. DataTreasury Corporation, CBM2014-00087, Paper 6 (September 4, 2014), the Board instituted a covered business method review of claims 1, 2, 16, 18, 22, 25, 26, 29, 36, 38–42,...more

Post-grant review, continued: Inter partes, covered business methods

In my last post, I detailed some of the most common frustrations with patent litigation and how the U.S. Patent and Trademark Office offers alternative ways to challenge issued patents. I provided descriptions of two of the...more

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