Tag Archives: Versata

For CBM Standing, Is “Incidental To” a Financial Product or Service Enough?

By Marshall Gerstein on Posted in Covered Business Method, Institution / Denial
If a patented mobile phone app can locate a nearby ATM machine, are the claims of that patent subject to CBM review because ATMs are used in financial transactions? What if the claim could cover a business entity that, incidentally, might also push advertisements to a mobile phone? Is it enough that a claim is … Continue Reading

Institution Decisions are Nonappealable. Settled? Maybe Not Yet.

By Marshall Gerstein on Posted in Appeals, Covered Business Method, Institution / Denial, Inter Partes Review, Post Grant Review
The ability to appeal the determination on institution of an IPR is expressly limited by statute. 35 U.S.C. § 314(d) states: “The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.” An identically-phrased limitation is also applicable to PGR institution decisions at 35 U.S.C. § … Continue Reading
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