PTAB in CBM Kills Internet Advertising Click-Fraud Patent

Claims of a patent directed to detecting internet advertising click-fraud were eligible for Covered Business Method (CBM) Review, and moreover were patent-ineligible under the Mayo/Alice test and 35 U.S.C. § 101, said the Patent… Read More

No CBM Patent Review for Delivering Files to a Cell Phone

A patent directed to wirelessly “delivering an audio and/or visual media file” was not a covered business method patent, leading the USPTO’s Patent Trial and Appeal Board (PTAB) to deny a petition to institute a covered busi… Read More

Statutory Disclaimer Moots Covered Business Method Review

When a patent owner disclaims patent claims for which another party petitions for Covered Business Method Review, the petition is moot.  The rule is pretty clear on this point: “[t]he patent owner may file a statutory disclaime… Read More

PTAB: Internet Advertising Patent Not Subject to CBM Review

The PTAB has denied Google’s petition for Covered Business Method (CBM) review of an Internet advertising patent, finding that Google failed to show that the patent is directed to “performing data processing or other operation… Read More

Some Business Methods Are Routinely Found Patent-Ineligible

A Federal Circuit panel needed one line to agree that a claims in a business method patent were patent-ineligible under Alice Corp. v. CLS Bank Corp. and 35 U.S.C. § 101.  In America’s Collectible Network, Inc. v. The Jewelry… Read More

Post-Solution Activity in Menu Generation Patent Claims Does Not Overcome Alice

In holding all claims of patents directed to generating electronic menus patent-ineligible under 35 USC § 101, a Federal Circuit panel handed Covered Business Method Review petitioners an even bigger win than they had gotten from… Read More

“Covered Business Method” Is Not Anything Under the Sun, Says Federal Circuit

Claims directed to “managing distribution of location information generated for wireless communications devices,” do not recited a “covered business method” within the meaning of the America Invents Act, said the Federal C… Read More

Does Claim Construction Matter in Determining Patent-Eligibility under 35 U.S.C. § 101?

Patent applicants and owners should position claims for narrow constructions where subject matter is susceptible to challenge under 35 U.S.C. § 101, suggests a recent decision from the USPTO’s Patent Trial and Appeal Board (PTA… Read More

Patent Claims to Collecting Website Feedback Not a “Financial Product or Service,” Do Not Qualify for CBM Review, Says PTAB

Patent claims reciting subject matter that, among other applications, could be used in the financial industry, do not qualify for Covered Business Method (CBM) review, said the USPTO’s Patent Trial and Appeal Board in Qualtrics,… Read More

Ho-Hum – Federal Circuit Affirms PTAB Decision that Claims Directed to Securities Trading System Are Not Patent-Eligible

In a one-word per curiam order, the Federal Circuit has affirmed the Patent Trial and Appeal Board’s holding that patent claims directed to a securities trading system are invalid under 35 U.S.C. § 101.  Chicago Board Options… Read More

Upcoming Webinar

We are delighted to kick off the first B2 IP Webinar of 2019 with David Hannon, Of Counsel at Bejin Bieneman, who will provide an outline of issues for decision by a US brand owner in its pursuit of trademark protection in China. Mr. Hannon will dis…Register