News & Analysis as of

Technology Patents Covered Business Method Patents

Farella Braun + Martel LLP

Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Jones Day

PTAB Reconciles Its Prior §101 Ruling With CBM Institution

Jones Day on

Following guidance from the Federal Circuit, the PTAB has vacated a previous Board decision granting Covered Business Method review in Apple, Inc. v. Universal Secure Registry LLC (P.T.A.B. Dec. 3, 2018). The PTAB’s...more

Stinson LLP

Mobile Check Deposit Patent Case Headed for Trial

Stinson LLP on

Companies involved in mobile checking should watch case closely - The United States Automobile Association (USAA) owns a portfolio of patents aimed at mobile check deposit technology. One group of these patents is targeted...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Remands CBM Review Decision, Asks PTAB to Explain Meaning of Part One of “Technological Invention” Exception

The Federal Circuit vacated a PTAB decision invalidating all challenged claims of U.S. Patent No. 8,908,842 (’842 Patent) and ordered the PTAB to reconsider whether the patent should have been disqualified from covered...more

Jones Day

Federal Circuit Provides Guidance on Section 101 and CBMs

Jones Day on

On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sally Beauty Holdings, Inc. v. Intellectual Ventures I LLC (PTAB 2016)

Sally Beauty (Petitioner) filed a Petition requesting a review under the transitional program for covered business method (CBM) patents of U.S. Patent No. 5,969,324, owned by Intellectual Ventures I LLC (IV)....more

Seyfarth Shaw LLP

Website Labeling Patent not "Financial" Enough for a CBM

Seyfarth Shaw LLP on

Covered Business Method (CBM) petitions are limited to patents relating to “a financial product or service.” CBM petitions are generally favored by defendants over Inter Partes Review (IPR) petitions by allowing a defendant...more

McDonnell Boehnen Hulbert & Berghoff LLP

Motorola Mobility, LLC, v. Intellectual Ventures I, LLC (PTAB 2016)

After Multiple CBM Petitions, Motorola Invalidates Software Patent - On March 21, 2016, the USPTO Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review...more

Fenwick & West LLP

#AliceStorm: The Summertime Blues Continue

Fenwick & West LLP on

In my July post, I noted that Section 101 court decisions were issuing fast and furious, with twelve decisions in just the first ten days. I predicted that "At this pace, we could see some twenty to thirty decisions this...more

Fenwick & West LLP

Versata: What's Technological and The New Rule Against Improvements

Fenwick & West LLP on

What Is a "technological invention"? The other part of the CBM definition at issue in Versata is the exclusion of a technological invention from the scope of CBM review. Correctly, the Court noted that the USPTO's...more

McDermott Will & Emery

Technological Invention Exception Key to Foiling CBM - Bloomberg Finance LP v. Quest Licensing Corporation; Apple Inc. v....

In four orders addressing the requirements for instituting a covered business method (CBM) review, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB)) found the “financial product or service”...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Latham & Watkins LLP

Inter Partes Review: Lessons Learned and Emerging Trends

Latham & Watkins LLP on

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

Knobbe Martens

Protecting and Enforcing your High Technology Intellectual Property

Knobbe Martens on

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -...more

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