Health-Care Data Analysis Patent Satisfies “Financial Product or Service” Requirement for CBM Review

The Board granted institution of covered business method review of a health-care data analysis patent finding the patent was directed to a financial product or service. "Patent Owner contends that the [challenged] patent has no particular relation to the financial services industry, and does not 'particularly target' the financial sector. . . . We have considered Patent Owner’s contention, but hold that AIA § 18(d)(1) does not require that the claimed invention particularly target the financial industry as argued by Patent Owner. . . . The [challenged] patent claims a system and method that de-identifies health care records. . . . The system and method are disclosed as being used to generate reports such as market shares, sources of business, and patient demographics. Further, the specification discusses the use of the claimed system 'in a number of ways to help make business decisions,' including enhanced sales force targeting, early warning of market share shifts, and accurate intelligence on market size and demand. . . . [W]e determine that the claimed system and method recite activities used in the practice, administration, or management of a financial product or service."

Petition for Covered Business Method Patent Review by Symphony Health Solutions Corporation, CBM2015-00085 (PTAB September 10, 2015, Order) (Tierney, APJ)