Fitzpatrick Case Update
July 9, 2015
On July 9, 2015, the Federal Circuit issued its first opinion from an appeal of a final decision in a USPTO Covered Business Method (“CBM”) review proceeding, addressing several issues related to CBM proceedings and providing its opinion as to whether the USPTO Patent Trial and Appeal Board’s (“PTAB”) decision was correct that Versata’s patent, directed to determining a price using organizational and product group hierarchies, is invalid under 35 U.S.C. § 101 as being directed to “abstract ideas.” Versata Development Group, Inc. v. SAP America, Inc., No. 2014-1194 (Fed. Cir. July 9, 2015).