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Winters, Kelly et al.

13564583 - (D) (P.T.A.B. Mar. 31, 2020)
Winters, Kelly et al.

27 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,400 times   515 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 794 times   151 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  3. Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

    569 U.S. 576 (2013)   Cited 454 times   147 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  4. BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC

    827 F.3d 1341 (Fed. Cir. 2016)   Cited 471 times   56 Legal Analyses
    Holding claims eligible at step two because the claims recited a "technical improvement over prior art ways of filtering ... content" that "improve the performance of the computer system itself"

  5. Ultramercial, Inc. v. Hulu, LLC

    772 F.3d 709 (Fed. Cir. 2014)   Cited 494 times   47 Legal Analyses
    Holding that displaying an advertisement in exchange for access to copyrighted material is an abstract idea

  6. Intellectual Ventures I LLC v. Capital One Bank (USA)

    792 F.3d 1363 (Fed. Cir. 2015)   Cited 322 times   11 Legal Analyses
    Holding "tailoring information based on [provided] data" is an abstract idea

  7. Affinity Labs of Tex., LLC v. Directv, LLC

    838 F.3d 1253 (Fed. Cir. 2016)   Cited 284 times   10 Legal Analyses
    Holding that "providing out-of-region access to regional broadcast content is an abstract idea" because it comprises "information distribution that is untethered to any specific or concrete [implementation]"

  8. SAP Am., Inc. v. Investpic, LLC

    898 F.3d 1161 (Fed. Cir. 2018)   Cited 251 times   7 Legal Analyses
    Holding that an advance in financial mathematical techniques does not constitute an inventive concept

  9. OIP Technologies, Inc. v. Amazon.com, Inc.

    788 F.3d 1359 (Fed. Cir. 2015)   Cited 269 times   9 Legal Analyses
    Holding that a Section 101 inquiry is a question of law

  10. BSG Tech LLC v. Buyseasons, Inc.

    899 F.3d 1281 (Fed. Cir. 2018)   Cited 207 times   5 Legal Analyses
    Holding that the claims at issue were directed to the abstract idea of considering historical usage information while inputting data and that the claims' recitation of a specific database structure merely "provides a generic environment in which the claimed method is performed" and "does not save the asserted claims at [Alice] step one."

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,329 times   1038 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,468 times   2251 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 184 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  14. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  15. Section 41.50 - Decisions and other actions by the Board

    37 C.F.R. § 41.50   Cited 34 times   30 Legal Analyses
    Requiring petitioners to raise the Board's failure to designate a new ground of rejection in a timely request for rehearing

  16. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  17. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   28 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)