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Ex Parte Vaynberg et al

13710086 (P.T.A.B. Oct. 29, 2018)
Ex Parte Vaynberg et al

14 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,441 times   521 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 822 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. Content Extraction & Transmission LLC v. Wells Fargo Bank

    776 F.3d 1343 (Fed. Cir. 2014)   Cited 619 times   21 Legal Analyses
    Holding claims directed to the "abstract idea of 1

  4. Berkheimer v. HP Inc.

    881 F.3d 1360 (Fed. Cir. 2018)   Cited 551 times   47 Legal Analyses
    Holding that claims may be treated as "representative" in a § 101 inquiry if a patentee makes no "meaningful argument for the distinctive significance of any claim limitations not found in the representative claim"

  5. Electric Power Group, LLC v. Alstom S.A.

    830 F.3d 1350 (Fed. Cir. 2016)   Cited 552 times   39 Legal Analyses
    Holding that claims directed to "a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions" are directed to an abstract idea

  6. McRo, Inc. v. Bandai Namco Games Am. Inc.

    837 F.3d 1299 (Fed. Cir. 2016)   Cited 391 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"

  7. Rapid Litig. Mgmt. Ltd. v. Cellzdirect, Inc.

    827 F.3d 1042 (Fed. Cir. 2016)   Cited 163 times   49 Legal Analyses
    Holding that claims are "directed to" a patent-ineligible concept "when they amount to nothing more than observing or identifying the ineligible concept itself

  8. Thales Visionix Inc. v. United States

    850 F.3d 1343 (Fed. Cir. 2017)   Cited 149 times   23 Legal Analyses
    Holding that "claims directed to a new and useful technique for using sensors to more efficiently track an object on a moving platform" were not abstract

  9. Digitech Image Technologies, LLC v. Electronics for Imaging, Inc.

    758 F.3d 1344 (Fed. Cir. 2014)   Cited 147 times   27 Legal Analyses
    Holding that a process of gathering and combining data was patent ineligible because it did not require "input from a physical device"

  10. Classen Immunotherapies, Inc. v. Biogen Idec

    659 F.3d 1057 (Fed. Cir. 2011)   Cited 33 times   24 Legal Analyses
    Finding that claim of a patent directed to a single step of reviewing effects of known immunization schedules was directed to patent-ineligible subject matter, as it did "not including putting this knowledge to practical use" while a claim that required the "further act of immunization in accordance with a lower-risk schedule" moved the claim from "abstract scientific principle to specific application"

  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,529 times   2290 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 188 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