In the Federal Circuit’s first decision on a covered business method (CBM) patent appeal from the Patent Trial and Appeal Board (PTAB), the court ruled in favor of Finnegan client SAP America, upholding the PTAB’s ruling that Versata Development Group’s product-pricing patent was invalid for claiming on abstract ideas. The Federal Circuit ruled that petitioners in CBM reviews can argue that a patent covers only abstract ideas and other things that are not patent eligible under § 101. As a result, the court rejected Versata’s argument that such challenges are unavailable. Finnegan attorney Erika H. Arner argued the appeal on behalf of SAP. She said, "We are pleased with the affirmance for SAP," the company's attorney Erika H. Arner of Finnegan Henderson Farabow Garrett & Dunner LLP said Thursday. "In a broader sense, the court showed an interest in and gave guidance on a number of issues of first impression, and that's a good thing for the patent office, patent owners and challengers who are trying to understand how this process will work."
