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James R. Barney

PTAB Shifts 'Midstream,' Puts Unusual End to CBM Review

November 16, 2016

Law360

On November 15, 2016 the Patent Trial and Appeal Board (PTAB) ruled in favor of Finnegan client Securus Technologies, abruptly ending its covered business method (CBM) proceeding after determining that the patent did not relate to a financial product.

Global Tel*Link Corp. and Securus compete in the prison telecommunications space. In May 2015, Global Tel*Link Corp. petitioned for a CBM review of a Securus patent related to call-processing and call-billing technology in used in correctional facilities. From the beginning, Securus argued that the patent was not appropriate for CBM review, as CBM reviews are limited to patents used in financial products or services, and there was no language in any of the patent’s claims that were financial in nature. The PTAB initially disagreed and proceeded with the CBM review, but upon further consideration of the claims, they concluded that the patent did not relate to a financial service.

Tags

telecommunications

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