Patent Directed to Supplemental Digital Broadcast Data Satisfies Financial Product or Service Requirement for CBM Review

The Board granted institution of covered business method review of a patent directed to "coordinating the transmission of supplemental digital data to accompany broadcast data" under 35 U.S.C. § 101, finding the patent was directed to a financial product or service. "[C]laim 6 requires the supplemental data to be advertising data and the ’172 patent teaches that advertising data is used to generate revenue. For example, the ’172 patent specification states explicitly that advertising presented as supplemental digital data may be sold. That advertising data is used in the practice of a financial product or service is consistent with ’172 patent Figure 1, which provides a 'conceptual overview of the implementation of the present invention' and expressly depicts 'rCommerce' with end users receiving supplemental data and purchasing songs, products or services through vendors . . . . "

Petition for Covered Business Method Patent Review by iHeartMedia, Inc., CBM2016-00010 (PTAB May 9, 2016, Order) (Tierney, APJ)