Petition for Covered Business Method Patent Review by Mitchell International, Inc., CBM2014-00171 (PTAB February 19, 2016, Order) (Green, APJ)
Tuesday, February 23, 2016
Patent Directed to the Production of an Insurance Claim Valuation Report Unpatentable Under 35 U.S.C. § 101
In a final written decision, the Board found claims of a patent directed to the production of an insurance claim valuation report unpatentable under 35 U.S.C. § 101. "Here, we observe that each challenged claim is directed to the fundamental concept of providing a vehicle valuation using information about the vehicle. Patent Owner contends that, unlike the claims in [Parker v. Flook, 437 U.S. 584 (1978)], the claims at issue in the instant proceeding are not drawn to an algorithm. When the claims are analyzed as a whole, as urged by Patent Owner, however, the claims recite nothing more than the collection of information to generate a valuation report for a damaged vehicle. Moreover, all the steps could be performed without the use of a computer. . . .The fact that the claims at issue are not per se drawn to an algorithm does not insulate them from being found an abstract idea."