Addressing the standard for initiating a covered business method
(CBM) review, the Patent Trial and Appeal Board (PTAB) declined to
institute CBM review given the generic, broad nature of the claims
and specification. Ford Motor Company v. Versata Development
Group, Inc., Case No. CBM2016-00100 (PTAB, Mar. 20, 2017)
(Medley, APJ) (Turner, APJ, concurring) (Arpin, APJ,
concurring).
Ford filed a petition challenging Versata's patent directed
to the processing of configuration queries to determine valid
configuration answers, where the answers are prioritized by
predetermined attributes. In its preliminary response, Versata
forfeited certain claims by statutory disclaimer. Subsequent to the
patent owner's preliminary response, the PTAB authorized the
petitioner to file a reply addressing the impact of the Unwired
Planet decision (
IP Update, Vol. 19, No. 12) and whether the disclaimed
claims should be considered for determining the patent's
eligibility. After
