Petition for Covered Business Method Patent Review by Google Inc., CBM2016-00096 (PTAB February 27, 2017, Order) (Zecher, APJ)
Wednesday, March 1, 2017
Internet Advertising Patent Not Directed to Financial Product or Service
The Board denied institution of covered business method review of a patent directed to a system for delivery of targeted advertisements, finding the patent was not directed to a financial product or service. "[Petitioner] contends the independent claims 20 and 25 each recite features relating to the presentation and monetization of advertisements. . . . We agree with [patent owner] that, based on the Federal Circuit’s new guidance in [Unwired Planet, LLC v. Google Inc., 841 F.3d 1376 (Fed. Cir. 2016)] [petitioner] has not demonstrated that at least one challenged claim of the ’651 patent is directed to 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 agree with [petitioner] that these claims generally apply to Internet advertising. The Federal Circuit, however, explained in Unwired Planet that claims broad enough in scope to cover the facilitation of advertisement, without more, are not enough to justify concluding that a patent is a covered business method patent eligible for review. . . . [A]lthough Internet advertising might lead to a sale of a good or service, mere probabilities or possibilities fall short of demonstrating operations necessarily used in the practice, administration, or management of a financial product or service."