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Ex Parte Rosenberg

12102992 (P.T.A.B. Jan. 28, 2019)
Ex Parte Rosenberg

13 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,418 times   520 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 806 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 821 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible

  4. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 538 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  5. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 502 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  6. Parker v. Flook

    437 U.S. 584 (1978)   Cited 369 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable

  7. BSG Tech LLC v. Buyseasons, Inc.

    899 F.3d 1281 (Fed. Cir. 2018)   Cited 210 times   5 Legal Analyses
    Holding that the claims at issue were directed to the abstract idea of considering historical usage information while inputting data and that the claims' recitation of a specific database structure merely "provides a generic environment in which the claimed method is performed" and "does not save the asserted claims at [Alice] step one."

  8. Praxair Distribution, Inc. v. Mallinckrodt Hosp. Prods. IP Ltd.

    890 F.3d 1024 (Fed. Cir. 2018)   Cited 21 times   7 Legal Analyses
    Concluding the United States Patent Office could adopt a construction that neither party proposed

  9. SmartGene, Inc. v. Advanced Biological Laboratories, SA

    555 F. App'x 950 (Fed. Cir. 2014)   Cited 22 times   7 Legal Analyses
    Finding ineligible a claim which "does no more than call on a 'computing device,' with basic functionality for comparing stored and input data and rules, to do what doctors do routinely"

  10. Cochrane v. Deener

    94 U.S. 780 (1876)   Cited 143 times   5 Legal Analyses
    In Cochrane the invention was a method for bolting flour, described as a series of mechanical steps in the processing of flour meal.

  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,494 times   2273 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."

  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