PTAB Section 101 Ruling Breaks With CAFC Opinion On Business Method

In a recent decision, a divided PTAB panel has ruled that a patent by Trading Technologies is directed to an ineligible abstract idea. While a post-Alice patent ineligible ruling is not itself unusual, the case, IBG v. Trading Technologies,¹ is noteworthy because it involves a member of the same patent family, and indeed nearly identical claim language, as a Trading Technologies patent that the Federal Circuit previously held was not directed to an abstract idea.

Key Takeaway:  Despite nearly identical claim language, the IBG majority panel reached a conclusion as to patent eligibility opposite to that of the Federal Circuit in a prior case involving the same patent family — thus demonstrating how unpredictable the issue can be and raising more questions about making abstract idea determinations.