{"id":1595,"date":"2017-06-09T14:22:09","date_gmt":"2017-06-09T18:22:09","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=1595"},"modified":"2017-06-13T07:08:59","modified_gmt":"2017-06-13T11:08:59","slug":"estoppel-in-cbmr-is-both-reviewable-and-determined-on-a-claim-by-claim-basis","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=1595","title":{"rendered":"Estoppel in CBMR is Both Reviewable and Determined on a Claim by Claim Basis"},"content":{"rendered":"

In Credit Acceptance Corp. v. Westlake Services<\/a>, [2016-2001](June 9, 2017), the Federal Circuit affirmed the PTAB decision that Westlake was not estopped to bring a CBMR challenge to U.S. Patent No.\u00a06,950,807, and that the challenged claims of this patent were invalid under\u00a0 35 U.S.C. \u00a7 101.<\/p>\n

On the estoppel issue Westlake petitioned for CBMR review of all of the claims fo the ‘807, but the Board instituted only as to some of the claims,. \u00a0Westlake filed a second CBMR, and Credit Acceptance argued that Westlake was estopped to petition for a second review. \u00a0However, since the first CBMR had not yet resulted in a Final Written Decision, the Board found the estoppel argument premature. \u00a0After the Final Written Decision in the first CBMR, Credit Acceptance renewed its effort to terminate the second proceeding on estoppel grounds, but the Board decided that estoppel is applied on a claim by claim business, and thus the first proceeding did not impact the second proceeding.<\/p>\n

At the outset, the Federal Circuit rejected Westlake’s and the USPTO’s position that the decision on estoppel was akin to a institution decision that is not reviewable. \u00a0After finding the estoppel provision was reviewable, the Federal Circuit went on to agree with the Board, that estoppel is determined in on a claim by claim basis.<\/p>\n

As to the merits of the CBMR, The Federal Circuit noted that Board determined that the claims are directed to\u00a0the abstract idea of \u201cprocessing an application for financing\u00a0a purchase,” and agreed. \u00a0The Federal Circuit said that each of the claims is\u00a0directed to the abstract idea of processing an application\u00a0for financing a purchase. The Court saw no meaningful distinction\u00a0between this type of financial industry practice and\u00a0\u201cthe concept of intermediated settlement\u201d held to be\u00a0abstract in Alice<\/em>, or the \u201cbasic concept\u00a0of hedging\u201d held to be abstract in Bilski<\/em>.<\/p>\n","protected":false},"excerpt":{"rendered":"

In Credit Acceptance Corp. v. Westlake Services, [2016-2001](June 9, 2017), the Federal Circuit affirmed the PTAB decision that Westlake was not estopped to bring a CBMR challenge to U.S. Patent No.\u00a06,950,807, and that the challenged claims of this patent were … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15,39],"tags":[],"class_list":["post-1595","post","type-post","status-publish","format-standard","hentry","category-15","category-cbmr"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1595","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1595"}],"version-history":[{"count":4,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1595\/revisions"}],"predecessor-version":[{"id":1599,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1595\/revisions\/1599"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1595"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1595"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1595"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}