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In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method (CBM) review. In Unwired Planet, LLC v. Google Inc., Case No. 15-1812, (Fed. Cir. Nov. 21, 2016), the court found that the Patent Trial and Appeal Board (PTAB) exceeded its authority in permitting CBM review for patents with claims that are “incidental to a financial activity” or “complementary to a financial activity.” The court’s decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases seeking to determine whether a patent falls within the statutory definition of a CBM patent. This decision apparently raises the bar for CBM eligibility but does not resolve the existing split among PTAB panels in deciding the same.
