Spotlight On Upcoming Oral Arguments – December 2018

Monday, December 3, 2018

Advanced Marketing Systems v. Walgreen Co., No. 17-2288, Courtroom 402

Advanced Marketing Systems (AMS) appeals the Final Written Decisions in four CBM proceedings where the PTAB found that the challenged patents were eligible for CBM review and subsequently held that the challenged claims are unpatentable.  The claims are directed to a printed discount vehicle with a vehicle code and multiple coupons that enables a customer to receive a one-time financial discount for any items purchased that correspond to the coupons printed on the vehicle.  

AMS argues that the PTAB in its CBM eligibility determination improperly applied the invalidated "incidental" or "complementary" to a financial activity test.  AMS further argues that the claims are directed to a technological feature that solves a technical problem using a technical solution, and thus the claims fall within the scope of the "technological invention" exception.  Walgreen argues