The Narrowing Scope Of Covered Business Method Review

By Ali Dhanani, Baker Botts LLP (May 12, 2017, 11:44 AM EDT) -- The Federal Circuit recently issued a decision in Secure Axcess LLC v. PNC Bank National Association, No. 2016-1353, 2017 WL 676601 (Fed. Cir. Feb. 21, 2017). In its decision, authored by Judge S. Jay Plager, the court reversed the Patent Trial and Appeal Board and held that a covered business method patent must claim a "method or apparatus ... used in the practice, administration, or management of a financial product or service," expressly excluding patents which claim methods or apparatuses that are merely "incidental to a financial activity."

Section 18(d) of the America Invents Act provides that a CBM patent is a patent that claims...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!