Internet Advertising Claims Deemed Not Eligible for Covered Business Method Patent Review

In a decision dated February 27, 2017, the Board denied institution of Google Inc.’s petition for Covered Business Method Patent Review of claims 20, 21, 23–26, 28, and 29 of U.S. Patent No. 6,128,651 (“the ’651 patent”) owned by KlausTech Inc. Google Inc. v. KlausTech Inc., CBM2016-00096 (Paper 10) (PTAB February 27, 2017).  Specifically, the Board relied on the Federal Circuit’s recent guidance in Unwired Planet, LLC v. Google Inc., 841 F.3d 1376 (Fed. Cir. 2016), and concluded that the petitioner had “not demonstrated that at least one challenged claim of the ’651 patent is directed to a method or apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service.”

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