`
`Trials@uspto.gov
`571.272.7822
`
`Paper No. 9
` Filed: April 12, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FACEBOOK, INC. and INSTAGRAM, LLC,
`Petitioner,
`
`v.
`
`SKKY, LLC,
`Patent Owner.
`_______________
`
`Case CBM2017-00003
`Patent 9,219,810 B2
`_______________
`
`
`
`
`
`Before KARL D. EASTHOM, WILLIAM V. SAINDON, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`
`EASTHOM, Administrative Patent Judge.
`
`
`
`
`DECISION
`Denying Institution of Covered Business Method Patent Review
`37 C.F.R. § 42.208
`
`
`
`
`
`
`
`
`
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`CBM2017-00003
`Patent 9,219,810 B2
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`I. INTRODUCTION
`Petitioner, collectively Facebook, Inc. and Instagram, LLC, filed a
`Petition (Paper 2, “Pet.”) requesting covered business method (“CBM”)
`patent review of claims 1–7 of U.S. Patent No. 9,219,810 B2 (Ex. 1001, the
`“’810 patent”) under Section 18 of the Leahy-Smith America Invents Act,
`Pub. L. No. 112–29, 125 Stat. 284, 329 (2011) (“AIA”). Patent Owner,
`Skky, LLC, filed a Preliminary Response. Paper 6 (“Prelim. Resp.”). With
`its Preliminary Response, Patent Owner provided evidence (Ex. 2001) that it
`filed with the Office a statutory disclaimer of claim 5 of the ’810 patent
`pursuant to 37 C.F.R. § 1.321(a). Prelim. Resp. 2 (citing Ex. 2001). After
`the Preliminary Response, Petitioner filed a Preliminary Reply to Patent
`Owner’s Preliminary Response, as authorized by the panel pursuant an e-
`mail request by Petitioner, to address the consequences of Patent Owner’s
`disclaimer of claim 5. Paper 7 (“Pet. Prelim. Reply”). In response to the
`Preliminary Reply, Patent Owner filed a Preliminary Sur-Reply, also as
`authorized by the panel. Paper 8 (“PO Sur-Reply”).
`We have jurisdiction under 35 U.S.C. § 324(a).
`Section 18(a)(1) of the AIA provides that a covered business method
`patent review “shall be regarded as, and shall employ the standards and
`procedures of, a post-grant review” with certain exceptions not relevant
`here. Under 35 U.S.C. § 324(a), a post-grant review cannot be “instituted
`unless the Director determines that the information presented in the petition
`. . . would demonstrate that it is more likely than not that at least 1 of the
`claims challenged in the petition is unpatentable.”
`Upon consideration of the record, we determine that the ’810 patent is
`not a covered business method patent and accordingly deny the Petition.
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`Patent 9,219,810 B2
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`
`A. Related Matters
`Petitioner states that Patent Owner asserted the ’810 patent against
`Petitioner in pending litigation, namely Skky, LLC v. Facebook, Inc., No.
`16:cv-00094 (D. Minn.) (filed Jan. 15, 2016). See Pet. 3. Petitioner lists
`related PTAB proceedings as follows: CBM2016-00091 (challenging U.S.
`Pat. No. 9,037,502, a continuation of the same application to which the ’810
`patent also claims priority); and IPR2014-01236 (challenging U.S. Patent
`No. 7,548,875, the grandparent to the ’810 patent). In addition to
`CBM2016-00091, Patent Owner lists several related PTAB proceedings and
`other related matters. See Paper 4, 2–3. Listed PTAB proceedings involving
`the instant parties include the following: CBM2017-00002; CBM2017-
`00006; CBM2017-00007; IPR2017-00088; IPR2017-00089; and IPR2017-
`00092; IPR2017-00097. Id. at 2.
`B. The ’801 Patent
`The ’801 patent describes a method for delivering audio and/or visual
`media files, including recordings of songs, musical compositions, ringtones,
`video, films, television shows, and personal recordings, wirelessly or non-
`wirelessly to devices for playback of the content, with or without an Internet
`connection. Ex. 1001, Abstract, 1:19–21.
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`3
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`Patent 9,219,810 B2
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`Figure 5 of the ’801 patent follows:
`
`
`
`According to the Specification, Figure 5 depicts a flow chart for
`delivering data content by transmitting data over an audio channel of a
`wireless telephone. See Ex. 1001, 16:29–34. Data transmission method 500
`includes transferring data from a server by converting stored digital
`information to analog information (i.e., D/A conversion, step 510) wherein
`the server transmits the signal to a receiver using an orthogonal frequency-
`division multiplex scheme (OFDM). See id. at 16:29–17:46; Ex. 1002
`¶¶ 42–45, 93–95. Prior to the D/A conversion, the transmitter scrambles
`data representing a data file (502), maps that to complex frequency symbols
`(504), converts that to time samples using a Fast Fourier Transform (FFT)
`(506), and adds a cyclic prefix (508). Ex. 1001, 16:37–41. After the D/A
`conversion and OFDM modulation, a telephone receiver decodes the
`modulated symbols by a reverse conversion process (i.e., an analog to digital
`(A/D) conversion process) to recover the transmitted audio or video file to
`be stored as digital information (512–520). See id. at 16:41–46, 18:5–11.
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`C. Challenged Claim 1
`Claim 1, the sole independent challenged claim of the ’810 patent,
`follows:
`
`1. A method of delivering a data file between one or more
`servers to a user’s wireless device, the method comprising:
`receiving the data file from the wireless device, the
`wireless device including a digital signal processor and a receiver
`configured for the handling of digital media transmitted by
`orthogonal frequency-division multiplex modulation, wherein
`the data file is routed through a cellular network;
`storing the data file received from the wireless device in
`the user’s virtual storage locker on the one or more servers;
`receiving a request from the wireless device for the data
`file; and
`providing for transmitting the data file to the wireless
`device
`using
`orthogonal
`frequency-division multiplex
`modulation based on the received request.
`Ex. 1001, 32:63–33:11.
` D. The Alleged Grounds of Unpatentability
`The Petition asserts the unpatentability of claims 1–7 for failure to
`recite patent-eligible subject matter under 35 U.S.C. § 101, for failure to
`correspond in scope with that which the inventor regards as the invention
`under 35 U.S.C. § 112(b) (pre-AIA 35 U.S.C. § 112 ¶ 2), and for lack of
`written description under 35 U.S.C. § 112(a) (pre-AIA 35 U.S.C. § 112 ¶ 1).
`Pet. 30–31. Based on Patent Owner’s disclaimer of claim 5, only challenges
`to claims 1–4, 6, and 7 remain. To support its challenges, Petitioner relies
`on the Declaration of William H. Beckmann, Ph.D. Ex. 1002.
`
`5
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`II. ANALYSIS
`A. Grounds for Standing
`Section 18 of the AIA created a transitional program for persons who
`have been sued or charged with infringement of a “covered business method
`patent.” AIA §§ 18(a)(1)(B), 18(d)(1); see 37 C.F.R. § 42.302. As noted
`above, Petitioner represents that it has been sued for infringement of the
`’502 patent in Skky, LLC v. Facebook, Inc., No. 16:cv-00094 (D. Minn.)
`(filed Jan. 15, 2016). Pet. 3. We determine that the infringement suit
`confers standing on Petitioner. See AIA §§ 18(a)(1)(B), 18(d)(1); 37 C.F.R.
`§ 42.302. Patent Owner does not dispute that Petitioner has standing. See
`Paper 4, 2–3.
`
`B. Covered Business Method Patent
`A “covered business method (CBM) patent” is “a patent that claims a
`method or corresponding apparatus for performing data processing or other
`operations used in the practice, administration, or management of a financial
`product or service, except that the term does not include patents for
`technological inventions.” AIA § 18(d)(1); 37 C.F.R. § 42.301(a). Under
`AIA § 18 (a)(1)(E), “[t]he Director may institute a transitional proceeding
`only for a patent that is a covered business method patent.” (Emphasis
`added). A patent is eligible for CBM review if it has at least one claim
`directed to a covered business method. Transitional Program for Covered
`Business Method Patents—Definitions of Covered Business Method Patent
`and Technological Invention; Final Rule, 77 Fed. Reg. 48,734, 48,736
`(Response to Comment 8).
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`6
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`
`Addressing the scope of CBM patents, Versata Dev. Grp., Inc. v. SAP
`Am., Inc., 793 F.3d 1306, 1325 (Fed. Cir. 2015) (emphasis added), cert.
`denied, 136 S. Ct. 2510 (2016), explains that
`as a matter of statutory construction, the definition of “covered
`business method patent” is not limited to products and services
`of only the financial industry, or to patents owned by or directly
`affecting the activities of financial institutions such as banks and
`brokerage houses. The plain text of the statutory definition
`contained in § 18(d)(1)—“performing . . . operations used in the
`practice, administration, or management of a financial product or
`service”—on its face covers a wide range of finance-related
`activities. The statutory definition makes no reference to
`financial institutions as such, and does not limit itself only to
`those institutions.
`Stated differently, the scope of what constitutes a covered business method
`patent includes a broad array of “monetary matters.” See SAP Am., Inc. v.
`Versata Dev. Grp., Inc., Case CBM2012-00001, slip op. at 23 (PTAB Jan. 9,
`2013) (Paper 36) (“The term financial is an adjective that simply means
`relating to monetary matters.”).
`In two recent cases, PTAB’s reviewing court clarified the scope of
`CBM review, and held that the Board’s reliance on phrases in the legislative
`history, i.e., whether the patent claims activities “incidental to” or
`“complementary to,” a financial activity as the legal standard to determine
`whether a patent is a CBM patent, was not in accordance with AIA
`§ 18(d)(1). Unwired Planet, LLC v. Google Inc., 841 F.3d 1376, 1379–82
`(Fed. Cir. 2016); Secure Axcess, LLC v. PNC Bank Nat’l Ass’n, No. 2016-
`1353, -- F.3d --, 2017 WL 676601, at *8 (Fed. Cir. Feb. 21, 2017)
`(“Consistent with Unwired Planet, we hold that the emphasized phrase [i.e.,
`‘incidental to’ or ‘complementary to’ a financial activity (as set forth in the
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`legislative history)] is not a part of the statutory definition of what is a CBM
`patent, and, as we did in Unwired Planet, we conclude that such a definition
`of a CBM patent is beyond the scope of the statutory standard and thus ‘not
`in accordance with law.’”) (quoting Unwired Planet, 841 F.3d at 1382).
`C. Analysis
`As noted above, Patent Owner disclaimed claim 5. Prelim. Resp. 5
`(citing Ex. 2001); Pet. Prelim. Reply (addressing the disclaimer); PO Sur-
`Reply (replying to Pet. Prelim. Reply). Patent Owner argues that for the
`purpose of determining whether or not to institute a CBM proceeding, the
`Board must treat disclaimed claims “as never having existed.” Prelim. Resp.
`6 (citing Great West Cas. Co. v. Intellectual Ventures II LLC, Case
`CBM2015-00171, slip op. at 7 (PTAB Feb. 9, 2016) (Paper 10)).
`Relying on 37 C.F.R. § 42.207 and non-precedential Board cases,
`Patent Owner contends that “[w]hen a patent owner files a statutory
`disclaimer with its preliminary response, ‘no post-grant review will be
`instituted based on disclaimed claims.’” Id. at 5 (quoting 37 C.F.R.
`§ 42.207; citing, e.g., Google Inc. v. SimpleAir, Inc., Case CBM2015-00019,
`slip. op. at 5, (PTAB Aug. 19, 2015) (“Our rules permit a patent owner to
`file a statutory disclaimer with its preliminary response and no post-grant
`review will be instituted based on the disclaimed claims.”) (Paper 15, 5)).
`Patent Owner also contends that pursuant to the disclaimer, “only
`Petitioners’ arguments relating to claim 1 remain,” and claim 1 does not
`confer CBM status on the ’810 patent. Id. at 5, 5–8.
`Although previous non-precedential PTAB decisions do not bind this
`panel, several panels confronted with the issue of alleged CBM eligibility on
`the basis of disclaimed claims have reached the conclusion that the
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`disclaimed claims should be disregarded, as Patent Owner argues. See, e.g.,
`CoreLogic, Inc. v. Boundary Solutions, Inc., Case CBM2016-00016, slip op.
`at 6−7 (PTAB May 24, 2016) (Paper 9) (“[T]he disclaimed claims should
`not be consulted when determining whether the patent is a covered business
`method patent.”); AT&T Mobility LLC v. Intellectual Ventures II LLC, Case
`CBM2015-00185, slip op. at 10 (PTAB May 4, 2016) (Paper 10) (“[W]e will
`not consider the now-statutorily disclaimed claims in our determination.”);
`Great West Casualty Co. v. Intellectual Ventures II LLC, Case CBM2015-
`00171, slip op. at 7 (PTAB Feb. 9, 2016) (Paper 10) (“[F]or the purposes of
`whether or not to institute a covered business method patent review, we treat
`[the disclaimed claims] as never having existed.”); Google Inc. v. SimpleAir,
`Inc., Case CBM2015-00019, slip op. at 14–15 (PTAB May 19, 2014) (Paper
`11) (“[W]e treat the [challenged] patent as though [the disclaimed claim]
`never existed.”).
`On the other hand, other non-binding PTAB decisions have held that a
`disclaimed dependent claim that includes finance-related subject matter may
`be considered for purposes of CBM eligibility when assessing the scope of
`the claimed subject matter in the parent (non-disclaimed) independent claim.
`See, e.g., J.P. Morgan Chase & Co. v. Intellectual Ventures II LLC, Case
`CBM2014-00157, slip op. at 2–3 (PTAB Feb. 18, 2015) (Paper 11)
`(“[S]tanding for covered business method patent review remains at least
`because disclaimer of claim 12 does not change the scope of independent
`claim 1, from which it depends.”).
`The majority of PTAB cases cited above track Federal Circuit
`precedents that treat disclaimed claims in non-CBM contexts as if those
`claims never existed. See Vectra Fitness, Inc. v. TWNK Corp., 162 F.3d
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`1379, 1383 (Fed. Cir. 1998) (“This court has interpreted the term
`‘considered as part of the original patent’ in section 253 to mean that the
`patent is treated as though the disclaimed claims never existed.”); Guinn v.
`Kopf, 96 F.3d 1419, 1422 (Fed. Cir. 1996) (“A statutory disclaimer under 35
`U.S.C. § 253 has the effect of canceling the claims from the patent and the
`patent is viewed as though the disclaimed claims had never existed in the
`patent.”); Genetics Inst., LLC v. Novartis Vaccines & Diagnostics, Inc., 655
`F.3d 1291, 1299 (Fed. Cir. 2011) (holding that the Board’s interference
`jurisdiction under 35 U.S.C. § 291 requires “the existence of an interference,
`and a claim that ‘never existed[ ]’ [due to a statutory disclaimer,] Vectra,
`162 F.3d at 1383, cannot form the basis for an interference”).
`Nevertheless, Petitioner contends that because Patent Owner
`disclaimed claim 5 after Petitioner filed its Petition, claim 5 must be
`considered in determining if the ’810 patent qualifies for CBM review. Pet.
`Prelim. Reply 2 (arguing that “the disclaimed claims, if considered, will
`amply qualify the ’310 patent for CBM patent review”). According to
`Petitioner, not considering claim 5 would violate “the time-of-filing rule,” a
`rule in federal court litigation that “serves the important policy of preventing
`a responding party from depriving a forum of its authority through post-
`filing manipulation of the facts under the responding party’s control.” Id. at
`3. Petitioner also argues that 37 C.F.R. § 42.207 (upon which Patent Owner
`relies as noted above and further below), “only prevents the institution of
`CBM patent review against claims that have been disclaimed.” Id. at 5
`(emphasis deleted).
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`10
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`Further addressing 37 C.F.R. § 42.207 in the context of the “time-of-
`filing” rule, Petitioner explains that
`[t]he
`[regulation]
`is simply one of convenience and
`administrative economy that obviates the Board from having to
`pass on the merits of claims that a patent owner itself has
`abandoned. Nothing in that [regulation] prohibits the Board from
`relying on a disclaimed claim to determine whether the patent as
`a whole qualifies as a “covered business method patent” under
`the AIA at the time the CBM petition is filed. Nor does that
`[regulation] require that the Board treat disclaimed claims “as if
`they never existed,” as Patent Owner urges. (Paper 6 at 5–6.)
`After all, a disclaimer does not erase the existence of the claim
`from the intrinsic record. See, e.g., Bd. of Regents of Univ. of
`Tex. v. BENQ Am. Corp., 533 F.3d 1362, 1370 (Fed. Cir. 2008)
`(reviewing a cancelled dependent claim during claim
`construction analysis); Great West Cas. Co. v. Intellectual
`Ventures II LLC, CBM2015-00171 (Paper 10), at p. 8 (PTAB
`Feb. 9, 2016) (“We acknowledge that other panels of the Board
`have taken the caveat that an otherwise statutorily disclaimed
`dependent claim, which includes finance-related subject matter,
`may still be considered . . . [.]”) (internal citations omitted); J.P.
`Morgan Chase & Co. v. Intellectual Ventures II LLC, Case
`CBM2014-00157, slip op. at 2–3 (PTAB Feb. 18, 2015) (Paper
`11) (holding post-institution disclaimer did not alter scope of
`claims being challenged or justify termination of trial).
`Pet. Prelim. Reply 6.
`Petitioner makes additional related arguments urging the adoption of
`the “time-of-filing” rule. See id. at 1–7. Petitioner’s arguments are not
`persuasive. Claim 1, on its face, does not recite any financial activity. If
`anything, considering disclaimed claim 5, as Petitioner urges, further shows
`that claim 1 does not require a financial activity, as explained further below.
`Moreover, as Patent Owner persuasively argues, “[w]hen a patent owner
`files a statutory disclaimer with its preliminary response, ‘no post-grant
`review will be instituted based on disclaimed claims.’” Prelim. Resp. 5
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`11
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`(quoting 37 C.F.R. § 42.207). Supporting Patent Owner, AIA § 18 (a)(1)(E)
`states that “[t]he Director may institute a transitional proceeding only for a
`patent that is a covered business method patent.” (Emphasis added).
`Adopting the “time-of-filing” rule, as advanced by Petitioner, would
`require determining if the ’810 patent was a CBM at the time of filing of the
`Petition, instead of what “is a covered business method patent,” AIA § 18
`(a)(1)(E), i.e., what is a CBM patent at the time of institution. Adopting the
`“time-of-filing” rule also appears to violate 37 C.F.R. § 42.207, which
`prohibits instituting a CBM “based on disclaimed claims.” Id. (emphasis
`added). Consistent with the view that a CBM institution determination must
`focus on the challenged claims existing at least as of the time of institution,
`Secure Axcess requires a challenged patent to “have a claim that contains . . .
`a financial activity element,” 2017 WL 676601, at *8, and Vectra Fitness,
`Inc., 162 F.3d at 1383, Guinn, 96 F.3d at 1422, and Genetics Inst., 655 F.3d
`at 1299, require treating disclaimed claims as though they never existed. See
`PO Sur-Reply 2 (“relevant case law directly contradicts Petitioners’
`arguments”) (citing Secure Axcess and Unwired Planet); see also Blue
`Calypso, LLC v. Groupon, Inc., 815 F.3d 1331, 1348 (Fed. Cir. 2016)
`(approving of prior Board decisions that “properly focuse[d] on the claim
`language at issue and, finding nothing explicitly or inherently financial in
`the construed claim language, decline[d] to institute CBM review,” and
`finding that the challenged patent was eligible for review because the claims
`recited “an express financial component in the form of a subsidy” that was
`“central to the operation of the claimed invention”).
`Notwithstanding that the focus must be on the challenged claims,
`Petitioner also contends that the Specification shows that the claimed
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`transmitting step has a financial purpose. For example, Petitioner argues
`that “the delivery method of the ’810 patent comprises ‘[c]onducting an
`online purchasing transaction and charging the consumer for the
`download.’” Pet. 6 (quoting Ex. 1001, 31:54–56). Petitioner quotes the
`’810 patent Specification as follows:
`[T]he unique delivery method provides a seller or service
`provider with a convenient and more efficient way of promoting
`and selling entire sound and image files which include
`downloadable music, movies, films, shows, and items such as
`records, cassette tapes, CDs, videos, and DVDs.
`Pet. 6 (quoting Ex. 1001, 2:13–17) (emphasis by Petitioner). According
`to Petitioner, “[c]laim 1 (the sole independent claim) and dependent
`claim 5 specifically cover this allegedly unique delivery method.” Id.
`Despite Petitioner’s citations to the Specification, claim 1 does not
`require any financial activity as part of the data delivery method. Rather,
`claim 1 recites a method for delivering a data file to a user’s device from one
`or more servers using a specific type of modulation, OFDM. The discussion
`of Figure 5 above shows that important aspects of the disclosed and claimed
`transmission method highlight the OFDM scheme, without focusing on, let
`alone requiring, any financial activity. See supra Section 1.B. Although the
`Specification describes providing a method of purchasing as part of
`downloading digital content as Petitioner argues, it also implies that any
`such purchasing constitutes merely an optional part of the invention:
`The accessing of sound and/or image files by other
`electronic devices, such as home phones, computers, pagers,
`doorbells, alarms, palm pilots, watches, clocks, PDAs etc., for
`either allowing the consumer to browse, download, hear, view,
`and/or purchase sound recordings, image files, or associated
`items, or to use sound and/or image clips as alerts is also part of
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`the invention and not limited to solely telephones. New
`electronic devices, whose independent purpose is to allow the
`user to browse, receive, store and play sound and image files,
`including clips, according to the present invention are also
`described.
`
`Ex. 1001, 3:11–21 (emphasis added). The Specification also generally touts
`the invention’s ability to download content “without the need for hand wired
`plug-in devices or a computer connection to the Internet” as follows:
`Furthermore, the delivery of files including clips is not limited to
`web based applications. Unlike conventional methods which
`require computer plug-in devices for delivering and transferring
`digital music, the current invention may use a delivery method
`which allows the user to browse, download, and listen to or
`watch sound or image files without the need for hand wired plug-
`in devices or a computer connection to the Internet.
` Id. at 3:54–61.
`Nevertheless, Petitioner contends for other reasons that the final
`limitation of claim 1, “providing for transmitting the data file to the wireless
`device using orthogonal frequency-division multiplex modulation based on
`the received request,” renders the ’810 patent CBM eligible. Pet. 7. For
`example, Petitioner contends that “the recitation of ‘transmitting the data
`file’ in claim 1 is financial in nature because, as confirmed by claim 5, the
`claimed transmission contemplates financial activity in the form of a
`charged fee.” Id. (emphases added).
`Petitioner’s arguments show that contemplating charging a fee and
`requiring charging a fee represent distinct attributes respectively of claim 1
`and disclaimed claim 5. In other words, Petitioner’s characterization of
`claim 1 as contemplating a fee shows that that claim 1 does not require
`charging a fee. The Specification, as described above, supports this
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`understanding, because it shows that charging a fee or any financial activity
`at most constitutes an optional part of transmitting the data file.
`In summary, claim 1 does not require any financial activity, let alone
`such activity that would confer CBM patent status to the ’810 patent.
`Petitioner’s arguments based on the Specification and disclaimed claim 5 do
`not account for the thrust and holdings of Secure Axcess and Unwired Planet
`and other precedent collectively indicating a general requirement for treating
`disclaimed claims as never having existed for purposes related to
`jurisdiction, and the language of AIA § 18 and 37 C.F.R. § 42.207.
`Otherwise including disclaimed claim 5 as an aid for determining the scope
`of claim 1, as Petitioner urges (see Pet. Prelim. Reply 6), does not help
`Petitioner, because claim 5 supports the determination that claim 1 does not
`require a financial activity, as discussed above.
`Petitioner, at best, establishes that the existing challenged claims
`encompass methods that may include potential financial activity such as a
`sale. Petitioner’s showing is not sufficient, because “[a]ll patents, at some
`level, relate to potential sale of a good or service.” See Unwired Planet,
`2016 WL 6832978, at *5. As Patent Owner argues, “[i]t is not enough that a
`sale has occurred or may occur, or even that the specification speculates
`such a potential sale might occur.” Prelim. Resp. 9 (quoting Unwired
`Planet, 2016 WL 6832978, at *8).
`Based on the foregoing discussion, Petitioner fails to meet its burden
`of showing that the ’810 patent is eligible for the transitional covered
`business method patent review program.
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`III. ORDER
`In consideration of the foregoing, it is hereby
`ORDERED that pursuant to 35 U.S.C. § 324(a), a covered business
`method patent review is not instituted as to any claim of the ’810 patent.
`
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`16
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`Petitioner:
`Hedi Keefe
`Andrew Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`
`Patent Owner:
`Ryan Schultz
`Andrew Kabat
`ROBINS KAPLAN LLP
`rschultz@robinskaplan.com
`akabat@robinskaplan.com
`
`