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Ex Parte Donovan et al

12821664 (P.T.A.B. Mar. 1, 2019)
Ex Parte Donovan et al

15 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,441 times   521 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. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 822 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  3. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 830 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible

  4. Enfish, LLC v. Microsoft Corp.

    822 F.3d 1327 (Fed. Cir. 2016)   Cited 744 times   119 Legal Analyses
    Holding that claims to self-referential tables that allowed for more efficient launching and adaptation of databases were not directed to an abstract idea

  5. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 505 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  6. McRo, Inc. v. Bandai Namco Games Am. Inc.

    837 F.3d 1299 (Fed. Cir. 2016)   Cited 391 times   67 Legal Analyses
    Holding that using "unconventional rules that relate to sub-sequences of phonemes, timings, and morph weight sets, is not directed to an abstract idea"

  7. Parker v. Flook

    437 U.S. 584 (1978)   Cited 371 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable

  8. Net Moneyin v. Verisign

    545 F.3d 1359 (Fed. Cir. 2008)   Cited 283 times   6 Legal Analyses
    Holding that, to anticipate, a single prior art reference must not only disclose all the limitations claimed but also must disclose those limitations "arranged or combined in the same way as recited in the claim"

  9. Thales Visionix Inc. v. United States

    850 F.3d 1343 (Fed. Cir. 2017)   Cited 149 times   23 Legal Analyses
    Holding that "claims directed to a new and useful technique for using sensors to more efficiently track an object on a moving platform" were not abstract

  10. Vanda Pharms. Inc. v. W.-Ward Pharms. Int'l Ltd.

    887 F.3d 1117 (Fed. Cir. 2018)   Cited 84 times   57 Legal Analyses
    Holding that "[t]he contents of the label itself may permit the inference of specific intent to encourage, recommend, or promote infringement"

  11. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,023 times   1024 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,529 times   2290 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."

  13. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 188 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"

  14. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622