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SAP America, Inc. v. InvestPic, LLC

Fed Cir Reissues, With Modifications, Opinion Finding Claims to Financial Analysis Techniques Patent-Ineligible

SAP America, Inc. v. InvestPic, LLC, __ F.3d __, 2018 WL 3656048 (Fed. Cir. Aug. 2, 2018) (Lourie, O’Malley, TARANTO) (N.D. Tex.: Kinkeade) (3 of 5 stars)

Fed Cir modifies and reissues its opinion from May 2018, again affirming judgment on the pleadings that InvestPic’s claims are invalid as patent ineligible. The modified opinion adds a footnote discussing how, subsequent to InvestPic’s opening brief, reexamination certificates were issued that amended some claims, canceled others, and added new claims. This did not moot the issues on appeal, at least because some of the modifications merely reorganized claims without affecting their content, and because “pre-change damages might be available for valid claims that remain sufficiently unaltered as a substantive matter.” Op. at 5 n.1. It also adds a lengthy footnote describing changes in reexamination. Id. at 7 n.2. It also adds some discussion of how certain claims added during reexamination are, like pre-reexamination claims, invalid as addressing patent-ineligible subject matter. Id. at 16. The modified opinion is otherwise substantially the same as the May opinion.

KEYWORDS: REEXAMINATION; SUBJECT-MATTER ELIGIBILITY