USPTO Institutes Covered Business Method Review of Five Intellectual Ventures Patents
In response to petitions filed by Bank of America and PNC Financial Services, the USPTO instituted covered business method review (CBM) of five Intellectual Ventures patents related to online transactions (6,182,894, 7,260,587, 7,603,382, 7,664,701, 8,083,137). Following infringement suits initiated by Intellectual Ventures (IV), Bank of America and PNC filed joint petitions in November 2013 requesting CMB review of the ‘894, ‘382, ‘701, and ‘137 patents. The Patent Trial and Appeal Board (PTAB) has ordered review of all the claims of three of the patents, but only claims 10-18 of the ‘894 patent. In its decision the Board stated that claims 1-9 of the ‘894 patent were unlikely to cover ineligible subject matter as argued by the petitioners. The ‘894 patent, which relates to an authorization system that uses an identification code, originated with American Express. The patent was acquired in October 2003 by Consumer Merchant Awareness Foundation (CMAF), a not-for-profit organization. In May 2009 CMAF assigned the patent to Losipial Wireless, which appears to be an IV entity. Losipial assigned the ‘894 patent to IV in May 2013.