Subject Matter Eligibility

In cxLoyalty, Inc. v. Maritz Holdings Inc., Appeals 2020-1307, -1309 (Fed. Cir. Feb. 8, 2021), the Federal Circuit affirmed a PTAB final written decision in a CBM proceeding canceling Maritz’s original claims related to a GUI for a customer loyalty program, as ineligible for patenting under 35 U.S.C. § 101.  The PTAB had granted Maritz’s request to substitute amended claims, but the court reversed, concluding those claims also are ineligible under section 101.  
Continue Reading Federal Circuit Finds Loyalty Rewards Claims Ineligible

In a recent precedential decision, the Federal Circuit affirmed a Patent Trial and Appeal Board decision, upholding an examiner’s final rejection of claims to a fishing method as unpatentable under 35 U.S.C. § 101.  In re Rudy, Case 2019-2301, Slip Op. (Fed. Cir. Apr. 24, 2020).  Appeals to both the Board and the Federal Circuit were cast by a pro se applicant, who is also a patent attorney.
Continue Reading So Long, and Thanks for All the Fish

The Federal Circuit recently issued a decision in In re Marco Guldenaar Holding B.V., ruling the claims at issue were directed to the abstract idea of rules for playing a dice game.  Finding that the recited elements did not amount to significantly more than that abstract idea itself, the court found the claims ineligible for patent protection.  
Continue Reading Federal Circuit Upholds Patent Ineligibility of Dice Game