The transitional program for covered business method (CBM) patents is a review proceeding administered by the Patent Trial and Appeal Board to reconsider the patentability of one or more claims in a CBM patent. Uphill BattlePetitioners seeking CBM review have enjoyed good success in knocking out claims for reciting subject matter ineligible for a patent. They have not, however, enjoyed similar success when challenging claims under 35 USC § 112 (concerning clarity, enablement, or written description).
Continue Reading Petitioners Are Not Faring Well on 112-challenges in CBM Review

On May 22, 2015, the PTAB issued its final written decision in American Express Co. v. Lunenfeld, CBM2014-00050 (Paper 51), canceling six claims of U.S. Patent No. 8,239,451 directed to online metasearching.  The PTAB decided that all six claims are unpatentable under 35 USC § 101, and obvious under 35 USC § 103.  The PTAB characterized the ‘452 Patent as directed to the abstract idea of searching for travel information from multiple sources and ordering travel items from the combined search results.
Continue Reading PTAB Cancels Metasearch Patents Under Section 101, Rejecting Arguments