On October 5, 2016, the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) ruling in favor of Finnegan client Fidelity National Information Services. The PTAB previously invalidated two check-imaging patents held by DataTreasury Corp. The patents—also known as the Ballard patents and the impetus for shaping the America Invents Act’s covered business method review program—cover methods for acquiring and transmitting images from checks and other financial documents.
For a decade, DataTreasury has asserted the patents against banks and financial institutions and as a result, has secured over $350 million in settlement payments. In 2013, Fidelity challenged the patents after DataTreasury sued the company for infringement. The PTAB’s final written decision ruled that each of the claims were an abstract idea and unpatentable.
Finnegan attorney Erika H. Arner represented Fidelity. She said, "This [Federal Circuit] decision should finally put to rest the patents that Congress called the most 'notorious' business method patents. This is a good example of the America Invents Act working as intended to allow the Patent Office to reconsider and cancel patents that should never have issued."
Commentary
Patent Strategy Could Shape Financing, Valuation and Risk in Offshore Energy Projects
June 30, 2026
Award/Ranking
Finnegan’s European Practices and Attorneys Highlighted in 2026 Managing IP Rankings
June 25, 2026
Press Release
BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret
June 23, 2026
Award/Ranking
Six Finnegan Partners Recognized in the 2026 Lawdragon 500 Leading Global IP Lawyers
June 22, 2026
Commentary
U.S. Judge Rules Forum-Selection Clause Bars Zync from Pursuing ITC Trade Secret Case
June 15, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.