The Effects of Alice on Covered Business Method (CBM) Reviews
6 Pages Posted: 23 Dec 2015 Last revised: 24 Feb 2017
Date Written: December 16, 2015
Many sources track aspects of PTAB outcomes, but none have specifically analyzed CBM outcomes at both the institution and final decision stages by ground. Practitioners, policymakers, patentees, and petitioners can benefit from an empirical analysis of outcomes. Our study analyzes CBM outcomes according to the basis for the challenge and examines whether the Supreme Court’s ruling in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S.Ct. 2347 (2014) (Alice) makes § 101 grounds more popular in CBM petitions. We also investigate the effect of Alice on CBM petition filing and success. We determined that there were more § 101 challenges in CBM filings post-Alice.
Keywords: Alice, CBM, IPR, PTAB
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