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ARTICLE · 24 MAY 2016

Website Labeling Patent Not "Financial" Enough For A CBM

Seyfarth Shaw LLP
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The case of Qualtrics, LLC v. OpinionLab, Inc., (CBM2016-00003, Decision Denying Institution, April 13, 2016) involves a patent directed to "a system and method for soliciting 'page-specific' feedback from website users."

United StatesIntellectual Property
Patrick Muffo
Patrick Muffo
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Covered Business Method (CBM) petitions are limited to patents relating to "a financial product or service." CBM petitions are generally favored by defendants over Inter Partes Review (IPR) petitions by allowing a defendant to challenge the patent-eligibility of the claimed invention. And while some believe the PTAB has broadly construed the inventions falling under the umbrella of "financial product or service," the PTAB recently held a website labeling patent to be ineligible for CBM review.

The case of Qualtrics, LLC v. OpinionLab, Inc., (CBM2016-00003, Decision Denying Institution, April 13, 2016) involves a patent directed to "a system and method for soliciting 'page-specific' feedback from website users." The invention allows users to provide feedback on a specific web page by rating the web page on a numerical scale or answering a question regarding the web page. Software associated with the web page then stores the feedback to determine a collective

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