Federal Circuit rejects Google’s petition for rehearing
On April 4, 2017, the United States Court of Appeals for the Federal Circuit issued a brief order denying panel rehearing and denying rehearing en banc in Unwired Planet, LLC v. Google, Inc.
Google filed a petition for both panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by Unwired Planet, LLC. No reason for the denial of Google’s petition was provided by the Federal Circuit, which is typical. The original panel decision, authored by Judge Reyna and issued on November 21, 2016, found that the Patent Trial and Appeal Board (PTAB) was using the wrong definition for what constitutes a covered business method (CBM) patent.
A covered business method patent is defined as a patent that claims a method for performing data processing or other operations used in the practice, administration, or management of a financial product or service. Specifically excluded from the definition of a covered business method patents are those that relate to technological inventions. See 37 C.F.R. 42.301(a). To determine whether a patent is for a technological invention, the PTAB is supposed to consider whether the claimed subject matter recites a technological feature that is novel and unobvious over the prior art, and solves a technical problem using a technical solution. See 37 C.F.R. 42.301(b). Nevertheless, the PTAB had been finding patents to be CBM patents when they covered matter incidental to a financial activity or complementary to a financial activity. For more see Federal Circuit slams PTAB.
Lenovo Buys Mobile Patents for $100 Million from Unwired Planet
Unwired Planet, Inc. (NASDAQ:UPIP) and Lenovo (HKSE: 992) recently announced that Lenovo has agreed to purchase a portfolio of patents from Unwired Planet and to take a term-based license to Unwired Planet’s patent portfolio. The aggregate consideration for the combined transaction is $100 million payable in cash. The transaction is expected to close by the middle of April.
Under the terms of the agreement, Lenovo is now licensed under Unwired Planet’s intellectual property portfolio, which covers standard essential, implementation, and application layer technology for mobile devices. Following the transaction, Unwired Planet’s portfolio will consist of approximately 2,500 issued and pending US and foreign patents. The patent purchase consists of 21 patent families owned by Unwired Planet, including patents for 3G and LTE mobile technologies and other important mobility patents.
“We are pleased to have reached an agreement with one of the world’s leading global technology companies,” said Philip Vachon, Chairman of Unwired Planet’s Board of Directors and head of its Intellectual Property Committee. “We wish Lenovo continued success going forward.”
04.21.14 | Patent Issues | Gene Quinn
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04.24.17 | CAFC, Patent Issues, posts, USPTO | Gene Quinn