Recent developments in patent litigation are providing powerful tools for financial institutions to invalidate patent claims at the outset of lawsuits. Recent decisions have invalidated patents relevant to the financial services industry on Section 101 grounds, while Section 112 continues to provide an additional means to reject claims.
These tools were both employed in recent decisions by the Patent Trial and Appeal Board (PTAB) relating to patents held by DataTreasury. These patents—which claim an automated system to manage and store captured electronic and paper transactions from various activities including banking and consumer applications—were a central motivation for the creation of the covered business method review in the America Invents Act. The PTAB held these patents invalid under both Section 101 and Section 112.
These decisions are priming a new round of Federal Circuit appeals that will call upon the court to resolve issues of considerable importance to financial services companies.
Please join Stephen Baskin and Dara Kurlancheek from our Intellectual Property practice, Paul Hughes from our Supreme Court & Appellate group, and moderator Andrew Pincus also from our Supreme Court & Appellate group as they analyze and discuss:
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