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In First Post-Grant Reviews, PTAB Invalidates Patents Based on Ineligibility under Alice

June 13, 2016

In the first Post-Grant Review opinions, the Patent Trial and Appeal Board (PTAB) invalidated two similar patents directed to computer-implemented methods for market valuation of livestock based on ineligibility of the claims for patent protection under Section 101 using the Supreme Court decision in Alice. Following current standards, the PTAB construed the claims under the broadest reasonable interpretation standard and applied the two-part Alice framework to find the claims directed to abstract ideas, and also obvious in view of the prior art.