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eBay Inc. v. Paid, Inc.

13975662 (P.T.A.B. Sep. 16, 2015)
eBay Inc. v. Paid, Inc.

46 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,377 times   508 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,523 times   180 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

  3. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 807 times   158 Legal Analyses
    Holding claims directed to hedging risk ineligible

  4. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,158 times   63 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  5. Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

    569 U.S. 576 (2013)   Cited 451 times   147 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  6. CCS Fitness, Inc. v. Brunswick Corp.

    288 F.3d 1359 (Fed. Cir. 2002)   Cited 967 times   6 Legal Analyses
    Holding that to act as its own lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” other than its plain and ordinary meaning

  7. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 532 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  8. DDR Holdings, LLC v. Hotels.com, L.P.

    773 F.3d 1245 (Fed. Cir. 2014)   Cited 520 times   92 Legal Analyses
    Holding claims on maintaining website look-and-feel patent-eligible because claims were "necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks"

  9. Ultramercial, Inc. v. Hulu, LLC

    772 F.3d 709 (Fed. Cir. 2014)   Cited 493 times   47 Legal Analyses
    Holding that displaying an advertisement in exchange for access to copyrighted material is an abstract idea

  10. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 498 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  11. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,066 times   464 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  12. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,182 times   49 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  13. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,846 times   11 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  14. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,423 times   2203 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  15. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 183 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  16. Section 321 - Post-grant review

    35 U.S.C. § 321   Cited 37 times   37 Legal Analyses
    Allowing a party to petition for PGR "to cancel as unpatentable 1 or more claims of a patent on any ground that could be raised under paragraph or of section 282(b) (relating to invalidity of the patent or any claim")

  17. Section 328 - Decision of the Board

    35 U.S.C. § 328   Cited 10 times   10 Legal Analyses

    (a) FINAL WRITTEN DECISION.-If a post-grant review is instituted and not dismissed under this chapter, the Patent Trial and Appeal Board shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner and any new claim added under section 326(d). (b) CERTIFICATE.-If the Patent Trial and Appeal Board issues a final written decision under subsection (a) and the time for appeal has expired or any appeal has terminated, the Director shall issue

  18. Section 42.73 - Judgment

    37 C.F.R. § 42.73   Cited 17 times   47 Legal Analyses
    Regarding judgments

  19. Section 42.300 - Procedure; pendency

    37 C.F.R. § 42.300   Cited 13 times   10 Legal Analyses

    (a) A covered business method patent review is a trial subject to the procedures set forth in subpart A of this part and is also subject to the post-grant review procedures set forth in subpart C except for §§ 42.200 , 42.201 , 42.202 , and 42.204 . (b) In a covered business method patent review proceeding, a claim of a patent, or a claim proposed in a motion to amend under § 42.221 , shall be construed using the same claim construction standard that would be used to construe the claim in a civil

  20. Section 90.2 - Notice; service

    37 C.F.R. § 90.2   2 Legal Analyses

    (a)For an appeal under 35 U.S.C. 141 . (1) (i) In all appeals, the notice of appeal required by 35 U.S.C. 142 must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted notice will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday,