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

Business Methods and Patent-Eligibility at the USPTO
September 22, 2017 at 12:00 pm EDT
During the webinar, Charles Bieneman will discuss recent trends and current practices with respect to patent-eligibility at the USPTO’s business methods arts units – including a looks at how some cases are surviving Section 101 rejections. Register