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International Business Machines Corporation

2019006831 (P.T.A.B. Nov. 10, 2020)
International Business Machines Corporation

20 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,420 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 807 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 822 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible

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

    569 U.S. 576 (2013)   Cited 458 times   148 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  5. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 539 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  6. 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

  7. Parker v. Flook

    437 U.S. 584 (1978)   Cited 370 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable

  8. In re Katz Interactive Call Proc. Patent

    639 F.3d 1303 (Fed. Cir. 2011)   Cited 289 times   16 Legal Analyses
    Holding that it is "not necessary to disclose more structure than the general purpose processor that performs those functions" because such functions are "coextensive with the structure disclosed."

  9. BSG Tech LLC v. Buyseasons, Inc.

    899 F.3d 1281 (Fed. Cir. 2018)   Cited 211 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."

  10. Intellectual Ventures I LLC v. Symantec Corp.

    838 F.3d 1307 (Fed. Cir. 2016)   Cited 212 times   7 Legal Analyses
    Holding claims ineligible where "the asserted claims do not contain any limitations that address" problems the specification purported to solve

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,374 times   1046 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  12. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,499 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."

  13. 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

  14. Section 41.37 - Appeal brief

    37 C.F.R. § 41.37   Cited 32 times   25 Legal Analyses
    Requiring identification of support in specification and, for means-plus-function limitations, corresponding structure as well

  15. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  16. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and