Fed. Circ. Won't Let PTAB Save Loyalty Program Patent

Law360 (February 8, 2021, 7:28 PM EST) -- The Patent Trial and Appeal Board rightly found that a customer loyalty program patent should have been invalidated under a covered business method review, but then improperly let the owner substitute claims that are likewise ineligible, the Federal Circuit said Monday.

Both the original patent claims and substitute claims of Maritz Holdings Inc.'s patents are invalid as abstract under Section 101 of the Patent Act, the Federal Circuit said in a precedential opinion. The ruling is a win for cxLoyalty Inc., which had petitioned for the CBM review.

Maritz's patent is directed to a system and method of letting a customer...

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