Category Archives: Business Methods

Federal Circuit Continues to Review Determination of Patents as Covered Business Method Patents from a Final PTAB Decision

Author: Ming Wai Choy
Editor: Lauren J. Dreyer

In Versata Dev. Grp., Inc. v. SAP Am., Inc., 793 F.3d 1306 (Fed. Cir. 2015), the Federal Circuit considered its jurisdiction to review the PTAB’s determination of whether patents are CBM patents.  In Versata, the Court held that it lacks jurisdiction to review the PTAB’s institution decision, including the determination that a patent is a CBM patent.  In SightSound Technologies v. Apple, No. 2015-1159, 2015-1160 (Fed. Cir. Dec 15, 2015), the Court returned to the tenets of Versata, holding that the Court has jurisdiction to review, from a final decision, the PTAB’s determination that the petitioned patents are CBM patents. Continue reading

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Case Dismissed Seven Months After Filing Because Claims Recited Ineligible Subject Matter

Editor: Kevin D. Rodkey

In OIP Technologies, Inc. v., Inc., No. 12-1696 (Fed. Cir. June 11, 2015), the Federal Circuit struck down claims directed to the concept of “offer based pricing.” The district court granted Amazon’s FRCP 12(b)(6) motion to dismiss for failure to state a claim, which the Court upheld, relying on Alice Corp. Pty. Ltd v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). The case was dismissed merely seven months after filing, and just at the start of discovery and well before claim construction.

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