Lack of Technical Solution in Patent Claims Justifies CBM Review and Alice Ineligibility

Finding that claims of patents directed “to a graphical user interface (‘GUI’) for electronic trading” lacked a technical solution to a technical problem, the Federal Circuit affirmed a Patent Trial and Appeal Board decision holding the claims ineligible under 35 U.S.C. § 101 and the Mayo/Alice test. Trading Technologies International, Inc. v. IBG, LLC, No. 2018-1063 (Fed. Cir. April 18, 2018) (opinion by Judge Moore, joined by Judges Mayer and Linn) (precedential). Interestingly, the court found that the patents’ lack of a technical solution supported both the institution of Covered Business Method (CBM) review, as well as the conclusion that the patent claims were ineligible. The CBM had addressed U.S. Patent Nos. 7,533,056, 7,212,999, and 7,904,374. The patent owner argued that the patents were directed to “technological inventions” within the meaning of America Invents Act § 18(d)(1), and that therefore the CBM had been…

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