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CAFC rules PTAB’s CBM definition too broad in Unwired Planet

Michael Loney, New York


In Unwired Planet v Google, the Federal Circuit has declared: “The Board’s application of the ‘incidental to’ and ‘complementary to’ language from the PTO policy statement instead of the statutory definition renders superfluous the limits Congress placed on the definition of a CBM patent”

In Unwired Planet v Google, the Federal Circuit has vacated and remanded the Patent Trial and Appeal Board’s final written decision because “the Board relied on an incorrect definition of covered business method (CBM) patent in evaluating the challenged patent”....


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