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Ex Parte McIver et al

13717482 (P.T.A.B. Aug. 31, 2018)
Ex Parte McIver et al

12 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,372 times   507 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 772 times   145 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. Enfish, LLC v. Microsoft Corp.

    822 F.3d 1327 (Fed. Cir. 2016)   Cited 702 times   118 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

  4. Electric Power Group, LLC v. Alstom S.A.

    830 F.3d 1350 (Fed. Cir. 2016)   Cited 514 times   39 Legal Analyses
    Holding that claims directed to "a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions" are directed to an abstract idea

  5. 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

  6. Affinity Labs of Tex., LLC v. Directv, LLC

    838 F.3d 1253 (Fed. Cir. 2016)   Cited 278 times   9 Legal Analyses
    Holding that "providing out-of-region access to regional broadcast content is an abstract idea" because it comprises "information distribution that is untethered to any specific or concrete [implementation]"

  7. Visual Memory LLC v. NVIDIA Corp.

    867 F.3d 1253 (Fed. Cir. 2017)   Cited 128 times   19 Legal Analyses
    Holding that all factual inferences drawn from the specification must be weighed in favor of non-moving party

  8. Openwave Sys., Inc. v. Apple Inc.

    808 F.3d 509 (Fed. Cir. 2015)   Cited 50 times   2 Legal Analyses
    Holding that the specification may reveal an intentional disclaimer, or disavowal, but the standard of such a disavowal is exacting

  9. In re King

    801 F.2d 1324 (Fed. Cir. 1986)   Cited 45 times   1 Legal Analyses
    Finding that principles of inherency do not prohibit a process patent for a new use of an old structure

  10. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,416 times   2199 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."

  11. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 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"

  12. 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