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 Exchange Inc. v. International Securities Exchange LLC, 2015-1728, 2015-1729, 2015-1730 (Fed. Cir. March 25, 2016). Here are links to the patents-in-suit: U.S. Patent Nos. 7,356,498; 7,980,457; and 8,266,044.  This decision is notable because it involves the Federal Circuit affirming a PTAB finding of invalidity under the Alice/Mayo "abstract idea" test for patent-eligibility.  But otherwise, if you click through to take a look at the patent claims, I think you will agree with me: ho-hum.

Upcoming Webinar

Practical Considerations of IPR Estoppel
June 22, 2017 at 12:00 pm EDT
In the webinar, Bryan Hart will discuss estoppel stemming from inter partes review petitions. After an IPR, what invalidity arguments can the petitioner still use at trial? Bryan will analyze the Federal Circuit decision Shaw Industries Group, Inc.…Register