eBay Inc.

17 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,431 times   520 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 815 times   153 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. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 827 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible
  4. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 540 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter
  5. Ultramercial, Inc. v. Hulu, LLC

    772 F.3d 709 (Fed. Cir. 2014)   Cited 500 times   47 Legal Analyses
    Holding that displaying an advertisement in exchange for access to copyrighted material is an abstract idea
  6. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 504 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula
  7. SAP Am., Inc. v. Investpic, LLC

    898 F.3d 1161 (Fed. Cir. 2018)   Cited 263 times   7 Legal Analyses
    Holding that an advance in financial mathematical techniques does not constitute an inventive concept
  8. Cybersource Corp.. v. Retail Decisions Inc.

    654 F.3d 1366 (Fed. Cir. 2011)   Cited 283 times   22 Legal Analyses
    Holding that a claim whose "steps can be performed in the human mind, or by a human using a pen and paper" is directed to an "unpatentable mental process"
  9. Intellectual Ventures I LLC v. Symantec Corp.

    838 F.3d 1307 (Fed. Cir. 2016)   Cited 215 times   7 Legal Analyses
    Holding claims ineligible where "the asserted claims do not contain any limitations that address" problems the specification purported to solve
  10. Smart Sys. Innovations, LLC v. Chi. Transit Auth., Cubic Corp.

    873 F.3d 1364 (Fed. Cir. 2017)   Cited 80 times   6 Legal Analyses
    Holding that claims relating to a mass-transit fare-payment system, which disclosed no new type of bankcard, turnstile, or database, were directed merely to the abstract ideas of collecting, storing, and recognizing financial information
  11. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,143 times   481 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."
  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,511 times   2284 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 186 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 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and