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ARTICLE · 17 SEPTEMBER 2015

PTAB Holds Claims Invalid Where Computer-Tie Was Helpful, But Not Required

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Applying the first Alice prong, the PTAB held the invention to be directed to a mathematical algorithm, and therefore an abstract idea under the first Alice prong.

United StatesIntellectual Property
Patrick Muffo
Patrick Muffo
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In a Final Written Decision, the PTAB again cancelled claims of a software patent for being directed to unpatentable subject matter. In Cambridge Associates, LLC v. Capital Dynamics, CBM2014-00079 (Final Written Decision, August 31, 2015), the invention was directed to "a method for analyzing a performance of a financial product or asset having an irregular cash flow by 'benchmarking the performance' of the asset relative to 'a public market or other index.'" As can be seen by the PTAB's own characterization of the patent, this case is helpful in determining the boundaries of patentable subject matter for financial inventions. The case also highlights the importance of expert depositions in PTAB decisions.

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