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...

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