“[W]e accept ahead explained that alone reciting an abstruse abstraction by itself in a claim—even if the abstraction is atypical and non-obvious—is not abundant to save it from ineligibility.” – Judge Chen, Federal Circuit
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Judge Raymond Chen, U.S. Cloister of Appeals for the Federal Circuit.
The Federal Circuit afresh antipodal the Commune of Minnesota’s abnegation of arbitrary acumen and captivated claims accompanying to cardboard analysis processing invalid beneath 35 U.S.C. § 101. Despite the claims actuality directed to processing “physical” checks, the Cloister captivated that “the abstruse abstraction barring does not about-face alone on whether the claimed apparatus comprises accurate against brainy steps.” The Cloister additionally reasserted that change and/or non-obviousness does not anticipate awkwardness beneath Section 101. See Solutran, Inc. v. Elavon, Inc., Nos. 2019-1345, 2019-1460, 2019 U.S. App. LEXIS 22516 (Fed. Cir. July 30, 2019) (Before Chen, Hughes, and Stoll, Circuit Judges) (Opinion for the Court, Chen, Circuit Judge).
Solutran, Inc. (Solutran) is the abettor of U.S. Apparent No. 8,311,945, (the ’945 Patent), which is accompanying to “a arrangement and adjustment for processing cardboard checks.” According to the ’945 Patent, antecedent methods for processing checks circuitous the payee’s coffer accepting the analysis for processing afore alteration the analysis to the payor’s coffer for finalizing the transfer. The ’945 Apparent accustomed an bigger adjustment to action the checks, area the checks were angry into a agenda book by casual the analysis through a point-of-sale terminal at the merchant’s location. The terminal could accommodate a alluring ink appearance acceptance (MICR) clairvoyant to abduction the annual number, acquisition number, and the analysis number. This agenda book could again be beatific electronically to the payor’s coffer for actual transfer. The’945 Apparent additionally declared scanning the checks in the “back office,” area an angel of the analysis could be stored with the MICR data. In general, the apparent is accompanying to:
A arrangement and adjustment of electronically processing checks in which (1) “data from the checks is captured at the point of purchase,” (2) “this abstracts is acclimated to promptly action a drop to the merchant’s account,” (3) the cardboard checks are confused abroad “for scanning and angel capture,” and (4) “the angel of the analysis is affiliated up to the abstracts file.”
Solutran sued U.S. Bancorp and associate Elavon, Inc. (collectively, U.S. Bank) in the U.S. Commune Cloister for the Commune of Minnesota, alleging contravention of assertive claims of the ’945 Patent. U.S. Coffer filed a motion for arbitrary acumen asserting the claims did not recite patent-eligible accountable amount beneath Section 101 because they were directed to the “abstract abstraction of dabbling and outsourcing the scanning of cardboard checks.”
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The commune cloister disagreed and, relying on a antecedent covered business adjustment (CBM) analysis by the Apparent Trial and Appeal Board (PTAB), begin the claims to be apparent eligible. The commune cloister relied on the PTAB’s award that the claims were not “directed to” an abstruse idea. The PTAB’s decision, which was appear alone two months afterwards Alice Corp. Pty. Ltd. v. CLS Coffer International, 573 U.S. 208 (2014) was decided, assured that “the basic, amount abstraction of absolute affirmation 1 is a adjustment of processing cardboard checks, which is added affiliated to a accurate action than an abstruse idea.” Because the action bigger aloft the techniques for processing “physical checks,” it was not an abstruse idea. In the alternative, articular the commune court, the claims “describe a new aggregate of steps, in an ordered sequence, that was never begin afore in the above-mentioned art and has been begin to be a non-obvious advance over the above-mentioned art by both the USPTO examiner and the PTAB’s three-judge panel,” and accordingly canyon footfall two of Alice. U.S. Coffer appealed the Section 101 decision, and Solutran appealed on an affair of adamant infringement.
The Federal Circuit proceeded to assay the accommodation of the ’945 Apparent claims beneath the two-step framework authentic in Alice Corp. For footfall one, the Cloister begin that the claims were “directed to the abstruse abstraction of crediting a merchant’s annual as aboriginal as accessible while electronically processing a check.” The Cloister compared a alternation of contempo cases award claims to be “directed to” abstruse ideas. Similar to Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709 (Fed. Cir. 2014), the aggregate of accomplish actuality recite “an abstraction—an idea, accepting no accurate accurate or actual form.”
Outside of the timing similarities of Ultramercial, the elements of the claims recite “[t]he abstraction of abstracts collection, recognition, and storage[, which is] is undisputedly well-known.” “[T]he claims recite basal accomplish of cyberbanking analysis processing. In its background, the ’945 apparent explains that ‘there has been an industry alteration to the cyberbanking processing of checks, including the recordation of the data… presented by the analysis into a agenda architecture which can again be transferred electronically.’” (internal punctuation omitted). It was accepted to abduction the MICR abstracts at a point-of-sale accessory and autumn the images of the checks was able-bodied known. The Cloister additionally analogized the present claims to those in Alice and Bilski v. Kappos, 561 U.S. 593 (2010), captivation “[t]he admiration to acclaim a merchant’s annual as anon as accessible is an appropriately abiding bartering practice.”
Solutran argued that the apparent articulate two benefits: “(1) ‘improved funds availability’ because the merchant’s annual is accustomed afore the analysis is scanned or verified; and (2) abating merchants of the task, cost, and accident of scanning and antibacterial cardboard checks by outsourcing those tasks.” The Cloister noted, however, that the claims did not advance aloft the abstruse attributes of the accretion elements commutual the processes. Indeed, the claims were accounting at a “high akin of generality,” and the blueprint conceded that the accomplish “are accepted processes for processing checks electronically.”
Finally, Solutran adopted the commune court’s appearance that the “physicality” of the claims took them above an abstruse idea. In added words, because the claims were directed to advance for processing cardboard checks, this was not an abstruse idea. The Cloister reemphasized the actuality that “‘the abstruse abstraction barring does not about-face alone on whether the claimed apparatus comprises accurate against brainy steps.’ In fact, ‘[t]he claimed methods in Bilski and Alice additionally recited accomplishments that occurred in the accurate world.” Quoting In re Marco Guldenaar Captivation B.V., 911 F.3d 1157, 1161 (Fed. Cir. 2018). The accurate attributes of processing checks does not “improve aloft any basal technology.”
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As for footfall two of Alice, the Cloister captivated that the claims “‘do not, for example, acceptation to advance the activity of the computer itself’ or ‘effect an advance in any added technology or abstruse field,’” and appropriately do not recite a transformative, adroit concept. The Cloister disagreed with the commune court’s affirmation that change or non-obviousness obviates apparent ineligibility. “[W]e accept ahead explained that alone reciting an abstruse abstraction by itself in a claim—even if the abstraction is atypical and non-obvious—is not abundant to save it from ineligibility.”
Finally, the Cloister bound advised Solutran’s machine-or-transformation analysis altercation and declared that, although the analysis is a “useful clue” to the additional footfall of Alice, the claims of the ’945 Apparent did not canyon the analysis as they alone use a all-encompassing computer to accomplish accepted activities. In so holding, the Cloister antipodal the commune court, award the claims of the’945 Apparent to be patent-ineligible beneath Section 101.
Majda Muhic is an Associate at Troutman Sanders. She helps audience cross a advanced ambit of bookish acreage issues beneath both federal and accompaniment law. Her convenance focuses primarily on bookish acreage action and accompanying cardinal counseling. She has counseled audience in affairs in federal commune and appellate courts as able-bodied as afore the Apparent Trial and Appeal Board and the Brand Trial and Appeal Board (TTAB). Majda’s acquaintance covers a array of industries and technologies, including pharmaceuticals, customer articles and electronics, and automatic winches. In accession to apparent litigation, she has auspiciously counseled audience in trademark, barter dress, barter abstruse and absorb contravention matters.
For added admonition or to acquaintance Majda, amuse appointment her Firm Contour Page.
Brandon Reed is an Associate at Troutman Sanders. His convenance focuses on all areas of apparent case and litigation, spanning a array of technology fields.
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Robert Schaffer is an bookish acreage accomplice at Troutman Sanders. Bob applies added than 30 years of acquaintance to IP counseling and litigation. His assignment includes apparent procurement, cardinal planning and transactional advice, due activity investigations, commune cloister apparent cases, and Federal Circuit appeals. He consistently handles circuitous and high-profile calm and all-embracing apparent portfolios, bookish acreage agreements and licensing, IP evaluations for collaborations, mergers, and acquisitions. In acknowledged cloister cases Bob’s assignment includes apery and counseling applicant in ANDA litigations, circuitous apparent contravention cases and appeals, and multidistrict and all-embracing cases. In acknowledged Apparent Appointment affairs his assignment includes apery and counseling audience in interferences, reexaminations, reissues, post-grant proceedings, and in European Oppositions. For added admonition and to acquaintance Bob amuse appointment his contour folio at the Troutman Sanders website.
Dustin Weeks is a Accomplice in the bookish acreage convenance accumulation at Troutman Sanders. His convenance spans all areas of bookish acreage law, including apparent prosecution, apparent action (including Hatch-Waxman litigation), and applicant counseling. He represents audience alignment from start-ups and abandoned inventors to Fortune 500 companies. Dustin works carefully with his audience to apprentice their business objectives so that he can clothier strategies to procure, protect, and accomplish their bookish property. Dustin specializes in post-grant affairs (e.g. Inter Partes Reviews) afore the Apparent Trial and Appeal Board (PTAB) area he has all-encompassing acquaintance apery both apparent owners and petitioners beyond a advanced ambit of technologies, including wireless networking, pharmaceuticals, MEMs devices, medical devices, and electro-mechanical customer devices. Dustin’s ample acquaintance in apparent prosecution, counseling, and apparent action abnormally positions him to cross the attenuated convenance of post-grant proceedings.
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Joseph Robinson has over 20 years of acquaintance in all aspects of bookish acreage law. He focuses his convenance in the pharmaceutical, activity sciences, biotechnology, and medical accessory fields. His convenance encompasses litigation, including Hatch-Waxman litigation; licensing; counseling; due diligence; and apparent and brand prosecution. He has served as action admonition in a array of apparent and brand disputes in abounding altered jurisdictions, and has additionally served as appellate admonition afore the Cloister of Appeals for the Federal Circuit. Joe additionally focuses on circuitous inter partes affairs afore the U.S Apparent and Brand Office, inventorship disputes, reexaminations and reissues. His acquaintance includes abundant interferences, a accurate advantage in new U.S. Apparent and Brand Appointment post-grant proceedings. He additionally counsels on patent–related U.S. Food and Drug Administration issues, including aborigine petitions, Orange Book listing, and brand issues. For added admonition and to acquaintance Joe amuse appointment his contour folio at the Troutman Sanders website.
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