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Ex Parte Labuszewski et al

14248092 (P.T.A.B. Apr. 30, 2018)
Ex Parte Labuszewski et al

15 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,416 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. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 819 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible

  3. DDR Holdings, LLC v. Hotels.com, L.P.

    773 F.3d 1245 (Fed. Cir. 2014)   Cited 525 times   92 Legal Analyses
    Holding claims on maintaining website look-and-feel patent-eligible because claims were "necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks"

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

    827 F.3d 1341 (Fed. Cir. 2016)   Cited 478 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. McRo, Inc. v. Bandai Namco Games Am. Inc.

    837 F.3d 1299 (Fed. Cir. 2016)   Cited 379 times   67 Legal Analyses
    Holding that using "unconventional rules that relate to sub-sequences of phonemes, timings, and morph weight sets, is not directed to an abstract idea"

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

    788 F.3d 1359 (Fed. Cir. 2015)   Cited 271 times   9 Legal Analyses
    Holding that a Section 101 inquiry is a question of law

  7. Buysafe, Inc. v. Google, Inc.

    765 F.3d 1350 (Fed. Cir. 2014)   Cited 269 times   24 Legal Analyses
    Holding that claims "squarely about creating a contractual relationship" drew on idea of "ancient lineage," even where dependent claims "narrow[ed] to particular types of such relationships"

  8. Intellectual Ventures I LLC v. Symantec Corp.

    838 F.3d 1307 (Fed. Cir. 2016)   Cited 211 times   7 Legal Analyses
    Holding claims ineligible where "the asserted claims do not contain any limitations that address" problems the specification purported to solve

  9. In re Smith

    815 F.3d 816 (Fed. Cir. 2016)   Cited 31 times   9 Legal Analyses
    Finding that "appending purely conventional steps to an abstract idea does not supply a sufficiently inventive concept"

  10. O'REILLY ET AL. v. MORSE ET AL

    56 U.S. 62 (1853)   Cited 111 times   16 Legal Analyses
    In Morse, for example, the Court held that one of the claims in Morse's patent for a telegraphic system was "too broad, and not warranted by law."

  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,492 times   2273 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."

  12. 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"

  13. 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

  14. 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

  15. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 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)