ARTICLE
30 December 2016

Financial Patent Resurrected After Court Sua Sponte Reverses Alice Decision

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After a new judge received the case, the new court found the claims patent-eligible and, as an early Christmas gift to the patentee, reversed the prior invalidity finding.
United States Intellectual Property

Since the Supreme Court Bilski case, financial patents have been routinely denied patentability by the Patent Office, or have been invalidated before the PTAB or district court. A court in the Southern District of New York had previously invalidated a finance-based patent on Alice grounds, finding it related to no more than an abstract idea. After a new judge received the case, the new court found the claims patent-eligible and, as an early Christmas gift to the patentee, reversed the prior invalidity finding.

The case of Tivo Research and Analytics, Inc. v. TNS Media Research LLC, 11-cv-4039 (S.D.N.Y. November 29, 2016) involved a patent with claims directed to analyzing a return on an investment in advertising campaigns by matching multiple data sources. The invention specifically allows for "accountability regarding the financial resources spent on advertising." The court conducted a detailed analysis of the specification, noting the many proffered advantages of the invention and the "four dozen figures." 

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Financial Patent Resurrected After Court Sua Sponte Reverses Alice Decision

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