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Nasdaq Subsidiary Loses Board Fight for Automated Trading Patents

Oct. 2, 2019, 6:20 PM

Claims in two automated trading exchange patents covered abstract ideas and weren’t eligible for patent protection, a Patent and Trademark Office tribunal ruled.

The Patent Trial and Appeal Board invalidated claims in Nasdaq ISE’s U.S. Patent Nos. 7,246,093 and 6,618,707 after weighing their validity under Section 101 of federal patent law, which governs patent eligibility.

The two Oct. 1 decisions show how the PTAB, under patent office guidance, applies the framework laid out by the U.S. Supreme Court in Alice Corp. v. CLS Bank Int’l to determine whether a patent’s claims cover eligible subject matter.

The decisions were wins for ...

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