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No Respite On The Horizon For CBM Patents

No Respite On The Horizon For CBM Patents

The Patent Trials and Appeals Board (?Ç£PTAB?Ç¥) and the Federal Circuit have continued their hostility to payment and financial technology patents, recently invalidating three patents and reversing a large damage award in?áSmartflash LLC v. Apple Inc., Case No. 2016-1059 (Fed. Cir. March 1, 2017 (Smartflash). Given this stance, it seems as though the Covered Business Method (?Ç£CBM?Ç¥) patent review under the America Invents Act (?Ç£AIA?Ç¥), along with the decision in Alice Corp. v. CLS Bank Int?ÇÖl, have become the death knell for many such patents moving forward. In Smartflash, the Federal Circuit invalidated three patents held by Smartflash LLC (?Ç£Smartflash?Ç¥) that were asserted against Apple Inc. (?Ç£Apple?Ç¥) two years ago, resulting in a decision of $533 million in damages in favor of Smartflash. ?áHowever, the overturning of the two-year old verdict from the Eastern District of Texas seemed likely after the PTAB found, in multiple CBM patent reviews, that the… Continue Reading

March 2017
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