On Wednesday, April 17, the Patent Trial and Appeal Board (PTAB) held the first-ever post-grant review proceeding in SAP America Inc. v. Versata Development Group, Inc. The oral hearing was part of a specific post-grant review (PGR) challenge for Certain Business Method (CBM) patents enacted as part of the America Invents Act. The arguments centered on whether or not the patent at issue covers an abstract idea. Finnegan partner Erika Harmon Arner, who argued on behalf SAP, asked the Board, “What is added to the abstract idea? Here, what is added to the abstract idea is nothing . . . this process can be performed entirely manually using pencil and paper.” Finnegan represented SAP in this matter.
