The Board granted institution of covered business method review of an IP rights management patent, finding the patent was directed to a financial product or service. "[T]he [challenged] patent states that the invention provides an integrated rights management and licensing system and method involving the buying, and selling of intellectual property rights. . . . Patent Owner contends that none of the challenged claims expressly recites a method or apparatus for performing data processing or other operations used in the practice, administration or management of a financial product or service. We do not interpret the statute as requiring the literal recitation of the terms data processing of financial products or services. . . . The suggestion to adopt a definition limiting financial services or products to a particular industry, financial services industry, was considered but not adopted during rulemaking as the statute does not limit the program expressly to financial institutions, and such a narrow construction of the statute would be contrary to the legislative history of Section 18. . . . [T]he [challenged] patent claims systems and methods that are directed to a financial activity—buying and selling intellectual property rights—that constitutes a financial product or service under § 18(d)(1)."
Petition for Covered Business Method Patent Review by Getty Images (US), Inc., CBM2015-00023 (PTAB May 21, 2015, Order) (Tierney, APJ)
Is the PTAB more likely to institute an IPR if the district court stays concurrent litigation?
A Docket Navigator subscriber recently asked us this question so we decided to investigate. As it turns out, there appears to be some correlation between a district court’s decision to stay a case pending IPR and the outcome of the PTAB’s institution decision. Click here to view a summary of our findings.
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