The Software IP Report
Ho-Hum – Federal Circuit Affirms PTAB Decision that Claims Directed to Securities Trading System Are Not Patent-Eligible
By Charles Bieneman
Categories: Covered Business Method Patent Review, Patent Eligibility, Software Patents, The Software IP Report
In a one-word per curiam order, the Federal Circuit has affirmed the Patent Trial and Appeal Board’s holding that patent claims directed to a securities trading system are invalid under 35 U.S.C. § 101. Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, 2015-1728, 2015-1729, 2015-1730 (Fed. Cir. March 25, 2016). Here are links to the patents-in-suit: U.S. Patent Nos. 7,356,498; 7,980,457; and 8,266,044. This decision is notable because it involves the Federal Circuit affirming a PTAB finding of invalidity under the Alice/Mayo “abstract idea” test for patent-eligibility. But otherwise, if you click through to take a look at the patent claims, I think you will agree with me: ho-hum.