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Ex Parte Nikolayevich et al

14484861 (P.T.A.B. Jun. 19, 2018)
Ex Parte Nikolayevich et al

12 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,454 times   522 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 831 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. Enfish, LLC v. Microsoft Corp.

    822 F.3d 1327 (Fed. Cir. 2016)   Cited 755 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

  4. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 545 times   131 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  5. Berkheimer v. HP Inc.

    881 F.3d 1360 (Fed. Cir. 2018)   Cited 561 times   47 Legal Analyses
    Holding that claims may be treated as "representative" in a § 101 inquiry if a patentee makes no "meaningful argument for the distinctive significance of any claim limitations not found in the representative claim"

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

    830 F.3d 1350 (Fed. Cir. 2016)   Cited 558 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

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

    838 F.3d 1253 (Fed. Cir. 2016)   Cited 299 times   11 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]"

  8. Rapid Litig. Mgmt. Ltd. v. Cellzdirect, Inc.

    827 F.3d 1042 (Fed. Cir. 2016)   Cited 166 times   49 Legal Analyses
    Holding that claims are "directed to" a patent-ineligible concept "when they amount to nothing more than observing or identifying the ineligible concept itself

  9. Beloit Corp. v. Valmet Oy

    742 F.2d 1421 (Fed. Cir. 1984)   Cited 24 times   4 Legal Analyses
    Noting we do not "sit to review what the Commission has not decided"

  10. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,547 times   2302 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 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"

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

    35 U.S.C. § 134   Cited 99 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