Takeaway: Standing for a covered business method patent review was demonstrated by a suit for unlicensed use of the patent under an eminent domain statute, 28 U.S.C. § 1498.
In its Final Written Decision, the Board found that Petitioner had demonstrated by a preponderance of the evidence that claims 39-44 of the ’548 patent are unpatentable. Also, the Board denied-in-part and dismissed-in-part each of Patent Owner’s and USPS’s Motion to Exclude. Continue reading
Category Archives: Financial Product or Service
Denying Institution Because Patent Ineligible for CBM Review CBM2015-00109; CBM2015-00149
In its Decision, the Board declined institution of covered business method patent review in either CBM2015-00109 or CBM2015-00149 as to any of the challenged claims (1-26) of the ’074 Patent. The ’074 Patent relates to “a ‘unified messaging service’ that allows a user to access communications such as e-mail and voice mail using ‘a single point of access to all communications, integrated with personal information management tools and customized public content delivery.’” Continue reading
Claims Unpatentable Under Alice CBM2015-00070
Takeaway: A claim may be novel but still lack subject matter eligibility.
In its Decision, the Board instituted a covered business method patent review for claims 1–7, 11, 12, 14–22, 25, 26, 28–35, 39, 40, and 42 of U.S. Patent No. 6,397,224. The ’224 patent relates to providing increased confidentiality of information through the use of systems and methods for anonymously linking data records in a database.
Patent Claims Not Eligible for CBM Review CBM2015-00108
In its Decision, the Board declined to institute covered business method patent review as to any of the challenged claims (1, 5, 7-10, 12, 15, and 24-26) of the ’860 Patent. The ’860 Patent relates to a web service management system for monitoring a “conversation,” or “a set of related messages sent and received by a particular conversation.”
CBM Review Instituted for Lottery Game Patent CBM2015-00105
In its Decision, the Board determined that Petitioner had established that U.S. Patent No. 5,569,082 is a covered business method patent and that it is more likely than not that all challenged claims (claims 1-17) of the ’082 patent are unpatentable under 35 U.S.C. § 101. The ’082 patent relates to “administrating, operating, and playing of a game in which a player acquires a chance to win and the outcome of that chance is displayed in an interesting, fun, and exciting fashion,” including a “personal computer lottery game.”
Institution Denied Because No Claim Directed To Financial Product or Service CBM2015-00107
In its Decision, the Board denied institution of covered business method patent review of claims 1-3, 12, 14, 21, 22, 24-26, 35, 37, 44, 45, 56-58, 67, 69, 76, 77, 79, 80, 83, 85, and 88-90 of the ’683 patent. Claim 79 was selected as an exemplary claim for Petitioner’s challenge and the Board’s analysis. Continue reading
Denying Institution where Claimed Invention Merely Capable of Use with a Financial Service CBM2015-00078
In its Decision, the Board denied institution of covered business method patent review. The challenged ‘903 patent relates to “the powering of 10/100 Ethernet compatible equipment,” specifically “automatically determining if remote equipment is capable of remote power feed and if it is determined that the remote equipment is able to accept power remotely then to provide power in a reliable non-intrusive way.” Continue reading
Denial of Institution Where Unsworn Declaration Given No Weight CBM2015-00053
In its Decision, the Board determined that Petitioner did not demonstrate that U.S. Patent No. 6,292,547 is a covered business method patent and therefore denied a petition to institute a covered business method (CBM) review of claims 11 and 18 of the ’547 patent. The ’547 patent relates to a telephonic-interface statistical analysis system. Petitioner contended that the challenged claims are unpatentable under 35 U.S.C § 101 and under § 103 over Jordan and Michlin.
Denying Request for Rehearing where Arguments Deemed Not Commensurate with Claim Scope CBM2015-00010
In its Decision, the Board denied both parties’ requests for rehearing of the Board’s Decision to institute trial with respect to some of the asserted grounds in the Petition. The Board reviews decisions for an abuse of discretion, which “may be determined if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if the decision represents an unreasonable judgment in weighing relevant factors.” The party requesting rehearing has the burden to show the decision should be modified and “must identify specifically all matters the party believes the Board misapprehended or overlooked.” Continue reading
Denying Institution Concluding Challenged Patent Was Not a Covered Business Method Patent CBM2015-00060
In its Decision, the Board found that the ‘373 patent is not a covered business method patent and denied institution of a covered business method patent review of claims 1-20 of the ‘373 patent. The ‘373 patent “relates to a test system that executes an enhanced test process for testing components, such as semiconductor devices on a wafer, circuit boards, packaged devices, or other electrical or optical systems, and collecting and analyzing test data.” Petitioner challenged the patentability of the ‘373 patent claims based on patent-ineligible subject matter under 35 U.S.C. § 101. Continue reading