The Effects of Alice on Covered Business Method (CBM) Reviews

6 Pages Posted: 23 Dec 2015 Last revised: 24 Feb 2017

See all articles by Manny Schecter

Manny Schecter

IBM Corporation

Shawn Ambwani

Unified Patents, Inc.

Alexander Shei

Independent

Robert Jain

Unified Patents, Inc.

Date Written: December 16, 2015

Abstract

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

Suggested Citation

Schecter, Manny and Ambwani, Shawn and Shei, Alexander and Jain, Robert, The Effects of Alice on Covered Business Method (CBM) Reviews (December 16, 2015). 14 Nw. J. Tech. & Intell. Prop. 381 (2017).. Available at SSRN: https://ssrn.com/abstract=2704646 or http://dx.doi.org/10.2139/ssrn.2704646

Manny Schecter

IBM Corporation ( email )

1 North Castle Drive
NC-109
New York, NY 10504
United States

Shawn Ambwani (Contact Author)

Unified Patents, Inc. ( email )

171 Main St. #106
Los Altos, CA 94022
United States

Alexander Shei

Independent ( email )

No Address Available

Robert Jain

Unified Patents, Inc. ( email )

171 Main St. #106
Los Altos, CA 94022
United States

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