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ARTICLE · 01 MAY 2019

Federal Circuit Provides Guidance On Section 101 And CBMs

Jones Day
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On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257...

United StatesIntellectual Property
Daniel Kazhdan
Daniel Kazhdan
David Maiorana
David Maiorana
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On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM review works. Perhaps more importantly, the way Trading Technologies analyzes Section 101 eligibility suggests a paradigm shift is coming.1

Trading Technologies owns a number of patents on graphical user interfaces ("GUIs") for electronic trading. IBG LLC and Interactive Brokers LLC ("petitioners") sought CBM review of the patents. The PTAB instituted review and found the claims ineligible under 35 U.S.C. § 101.

CBM Eligibility

By statute, CBM review is unavailable for "patents for technological inventions." AIA § 18(a)(1)(E), (d)(1). The PTO has promulgated regulations that explain that a "technological invention" must (1) contain a "novel and unobvious" feature and (2) "solve a technical problem using a technical solution." 37 C.F.R. §

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