Targeted Advertisement 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. "According to Petitioner, the systems and methods for delivering targeted advertisements are financial in nature because someone receives money to deliver advertisements about a product or service. . . .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 the challenged claims of the ’393 patent are 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. . . . An advertisement is not considered an 'offer for sale' under traditional contract law and it does not require or guarantee a sale or any financial transaction will occur. . . . Although targeted 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."

Petition for Covered Business Method Patent Review by Google Inc., CBM2016-00097 (PTAB February 27, 2017, Order) (Braden, APJ)