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ARTICLE · 17 SEPTEMBER 2021

Fed. Circ.: Retailer Finder Fee Patent Invalid Under Section 101

In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet retailer ...

United StatesIntellectual Property

In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet retailer can pay a physical retail location a finder's fee. The U.S. Patent and Trademark Office (USPTO) and the Patent Trial and Appeal Board (PTAB) found Elbaum's claims to be patent ineligible under Section 101, and Elbaum appealed.

The application's specification described the disclosed method as "enabling the sale of products or services which are available on the internet," and the method allowed an internet seller to provide a retail store with information about products or services available on the internet. A customer entering the retail store who obtained this information could then use the code to make a purchase from an internet seller via a computer, which was comprised of a "central processing unit, a main internal memory, and

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