More Abstract Ideas for the PTO’s Hopper

ASGHARI-KAMRANI V. UNITED SERVICES AUTOMOBILE ASSOCIATION (Fed. Cir. 2018) Today the Federal Circuit issued three parallel decisions all stemming from the patent case brought by Asghari-Kamrani. The first two decisions affirm the E.D.Va. judgment-on-the-pleadings.  In those cases, the district court held that the patentee (Asghari-Kamrani) failed to state a plausible claim for relief within her complaint. In particular, the court found that all the asserted claims were invalid for lack of eligibility. On appeal, the Federal Circuit AFFIRMED in a R.36 Judgment Without Opinion. [Link]. The third decision is an order of dismissal of a parallel appeal from the PTAB (CBM Review). The PTAB had found all of the claims unpatentable as obvious or anticipated.  On appeal, though the Federal Circuit dismissed the appeals as moot — and vacated the USPTO decisions. These appeals [from the PTAB] (Nos. 2018-1040 and 2018-1041) are dismissed as moot, and the decisions…

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