In Versata Development Group v. SAP America, the Federal Circuit agreed with the Patent Trial and Appeal Board (PTAB), ruling in favor of SAP America that Versata Development Group’s patent on software for pricing products was ineligible. This case was the first appeal of a covered business method patent under the America Invents Act. The Federal Circuit agreed with the PTAB in that a CBM is not limited to patents that are used only in the financial services industry and that a CBM challenge can be based on patent eligibility. Finnegan attorney Erika H. Arner represented SAP America at both the PTAB and the Federal Circuit. She said, “I'm pleased for our client, but I'm also pleased to be getting some more guidance from the Federal Circuit on these CBM issues.”
United States Court of Appeals for the Federal Circuit (CAFC), SAP America, 35 U.S.C. § 101, America Invents Act (AIA)
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