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ARTICLE · 12 OCTOBER 2011

Methods That Could Be Entirely Executed Mentally Found Unpatentable Under 35 U.S.C. § 101

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In CyberSource Corp. v. Retail Decisions, Inc., No. 09-1358 (Fed. Cir. Aug. 16, 2001), the Federal Circuit affirmed the district court’s grant of SJ of invalidity of claims 2 and 3 of U.S. Patent No. 6,029,154 ("the ’154 patent") under 35 U.S.C. § 101 for failure to recite patent-eligible subject matter.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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This article previously appeared in Last Month at the Federal Circuit, September 2011

Judges: Bryson, Dyk (author), Prost

[Appealed from N.D. Cal., Judge Patel]

In CyberSource Corp. v. Retail Decisions, Inc., No. 09-1358 (Fed. Cir. Aug. 16, 2001), the Federal Circuit affirmed the district court's grant of SJ of invalidity of claims 2 and 3 of U.S. Patent No. 6,029,154 ("the '154 patent") under 35 U.S.C. § 101 for failure to recite patent-eligible subject matter.

CyberSource Corporation ("CyberSource") owns the '154 patent, which recites a method and system for detecting fraud in a credit card transaction between a consumer and a merchant over the Internet. Claim 3 recites "[a] method for verifying the validity of a credit card transaction over the Internet comprising the steps of: a) obtaining information about other transactions that have utilized an Internet address that is identified with the . . . credit card transaction; b) constructing a map of credit

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