Petition for Covered Business Method Patent Review by J.P. Morgan Chase & Co., CBM2014-00157 (PTAB January 12, 2016, Order) (Droesch, APJ)
Friday, January 15, 2016
Data Distribution Patent Invalid Under 35 U.S.C. § 101
In a final written decision, the Board found claims of a data distribution patent unpatentable under 35 U.S.C. § 101. "Patent Owner contends using an access mechanism that enforces rules to limit each and every access to unprotected forms of the data is: (1) an inventive concept, (2) recites a specific way of achieving a desired result, and (3) improves the functioning of the computer itself. . . . Patent Owner further asserts claim 1 requires a computer or other devices having the specific claimed technology, including the claimed access mechanism that enforces the access rules. . . . Patent Owner’s arguments are not persuasive because claim 1 does not recite a computer, electronic data, encrypted data, or a computer network. We agree with Petitioner that claim 1 as written may or may not involve a computer at all. We also are not persuaded by Patent Owner’s arguments that claim 1 survives the machine or transformation test because claim 1 requires a specific network architecture and a particular machine. . . . Patent Owner does not explain sufficiently how the access mechanism recited in claim 1, construed as 'hardware and/or software for controlling access to data,' requires any more than the generic hardware and computer components disclosed in the ’409 Patent."