• Apr 30 2019
  • |
  • Category: CAFC Updates

TRADING TECHNOLOGIES INTL v. IBG LLC  – Trading Technologies appealed a decision of the Patent Trial and Appeal Board pursuant to a Transitional Program for Covered Business Method Patents (“CBM review”) holding claims of U.S. Patent No. 7,783,556  relating to displaying market information on a graphical user interface ineligible under 35 U.S.C. § 101. The CAFC disagrees with Trading Technologies’ position that its patents are for technological inventions and thus not CBM eligible, finding that merely providing a trader with new or different information in an existing trading screen is not a technical solution to a technical problem and concluding that the Board’s reasoning that the patent is a CBM patent was not arbitrary and capricious.  With respect to the first step of the Alice inquiry, the CAFC finds that the claims are focused on providing information to traders in a way that helps them process information more quickly, not on improving computers or technology and concludes that the claims are directed to an abstract idea. With respect to step two of the Alice analysis, the CAFC finds that the elements of the claims, considered individually and as an ordered combination, fail to recite an inventive concept and concludes that the claims are ineligible under § 101. Finally, the CAFC declines to address Trading Technologies’ constitutional challenges based on conclusory assertions that CBM review is unconstitutional. Thus, the CAFCaffirms.

View Decision