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ARTICLE · 12 OCTOBER 2015

PTAB Continues To Evolve Its Covered Business Method Patent Jurisprudence

McDermott Will & Emery
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In two related decisions, the Patent Trial and Appeal Board determined that patents directed to a personal computer interactive lottery/casino type game that allows players to purchase game tickets in the form of data storage media were eligible for covered business method review under § 18 of the America Invents Act and were more likely than not directed to patent ineligible subject matter under 35 U.S.C. §101. International Internet Technologies, LLC and Red Rock Investments, LLC v. Sweepstake

United StatesIntellectual Property
Susan Evans
Susan Evans
Paul Devinsky
Paul Devinsky
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International Internet Technologies, LLC and Red Rock Investments, LLC v. Sweepstakes Patent Company, LLC

In two related decisions, the Patent Trial and Appeal Board (PTAB or Board) determined that patents directed to a personal computer interactive lottery/casino type game that allows players to purchase game tickets in the form of data storage media were eligible for covered business method (CBM) review under § 18 of the America Invents Act (AIA) and were more likely than not directed to patent ineligible subject matter under 35 U.S.C. §101. International Internet Technologies, LLC and Red Rock Investments, LLC v. Sweepstakes Patent Company, LLC, CBM2015-00105 (PTAB, July 29, 2015) (Pollock, APJ); CBM 2015-00106 (PTAB, July 29, 2015) (Ward, APJ).

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