The PTAB Giveth, and the PTAB Taketh Away

Seyfarth Shaw LLP
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The PTAB cancelled claims of a financing patent as lacking patentable subject matter in Westlake Services LLC v. Credit Acceptance Corp., CBM2014-00176 (PTAB January 25, 2016, Order) (McKone, APJ). Westlake is interesting because the challenged claims were previously upheld as patentable during a prior PTAB proceeding, but also prior to the Supreme Court’s Alice decision that changed the analysis for the patent eligibility of software patents. In this petition, Westlake Services made the most of their second bite at the apple and persuaded the PTAB to cancel the remaining claims of Credit Acceptance’s patent.

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