CAFC determines banks are "persons" under AIA in Bozeman Financial

The outcome was that Appellant lost:


Bozeman challenges the Board’s authority to
decide the petitions because it argues the Banks2 are not
“persons” under the America Invents Act (AIA). It further
challenges the Board’s eligibility decisions.
We have jurisdiction under 28 U.S.C. § 1295(a)(4)(A).
For the reasons set forth below, we hold that the Banks
are “persons” who may petition for post-issuance review
under the AIA. We further hold that claims 21–24 of the
’640 patent and 1–20 of the ’840 patent are ineligible under
§ 101. Accordingly, the Board’s decisions are affirmed.



As to the 101 matter:


The Banks petitioned for CBM review of claims 1–26 of
the ’640 patent and claims 1–20 of the ’840 patent. The
Board determined that the ’640 patent’s claims are directed
to the abstract idea of “collecting, displaying, and analyzing information
to reconcile check information against a
ledger.” No. 2019-1018 at J.A. 34. The Board further found
that the claims do not contain an inventive concept to render them eligible under § 101.
The Board noted, and rejected, Bozeman’s attempt to incorporate by reference
arguments related to the ’840 patent’s CBM rather than
offer any argument in its Patent Owner Response. The
Board also found that claims 1–20, 25, and 26 are unpatentable under § 112.

The Board determined that the ’840 patent claims are
directed to the abstract idea of “collecting and analyzing
information for financial transaction fraud or error detection.” No. 2019-1020 at J.A. 33. The Board found that the
claims do not contain an inventive concept to render them
eligible under § 101. It found that the claims recite generic
computer technology and that the claim elements considered individually and as an ordered combination merely
“apply the abstract concept of collecting, storing, analyzing,
and communicating information to reconcile financial information.” Id. at J.A. 47. The Board concluded that
claims 1–20 of the ’840 patent are ineligible under § 101.