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Ex Parte Kennedy

14667270 (P.T.A.B. Sep. 25, 2018)
Ex Parte Kennedy

11 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,414 times   520 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. Affinity Labs of Tex., LLC v. Amazon.com Inc.

    838 F.3d 1266 (Fed. Cir. 2016)   Cited 114 times   7 Legal Analyses
    Holding that in Alice step one, "it is often helpful to ask whether the claims are directed to an improvement in the functioning of a computer, or merely adding conventional computer component to well-known business practices," with the latter being abstract

  3. Morsa v. Facebook, Inc.

    77 F. Supp. 3d 1007 (C.D. Cal. 2014)   Cited 21 times
    Holding that "targeting customers based on demographic criteria; requiring the bid amount to be ‘modifiable’; making the advertisements ‘searchable’; requiring the user to be the source of the demographic information; altering the display of the advertisement in various ways; ... using ‘negative’ criteria to determine not to present an advertisement to a given user ... altering a given advertisement's display based on its ‘performance and/or ... popularity’; requiring the advertisements to be delivered to users in a specific geographic location or on a specific wireless device; dictating that the advertisements be delivered via video or audio; and collecting user data in various ways" were not inventive concepts sufficient to confer patent eligibility

  4. In re Ferguson

    558 F.3d 1359 (Fed. Cir. 2009)   Cited 27 times   3 Legal Analyses
    Reaffirming that the "useful, concrete, and tangible" result test has no continuing validity

  5. Morsa v. Facebook, Inc.

    622 F. App'x 915 (Fed. Cir. 2015)   Cited 10 times
    Invalidating a patented method for targeting online advertisements based on culled user information, and creating a corresponding bidding system for advertisers

  6. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,360 times   1046 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  7. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,129 times   479 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  8. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,490 times   2273 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  10. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  11. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)