International Securities Exchange, LLC v. Chicago Board Options Exchange, Inc.

U.S. Court of Appeals for the Federal Circuit
International Securities Exchange, LLC v. Chicago Board Options Exchange, Inc., 643 F. App'x 966 (Fed. Cir. 2016)
Malley, Mayer, Reyna

International Securities Exchange, LLC v. Chicago Board Options Exchange, Inc.

Opinion of the Court

O’MALLEY, Circuit Judge.

In this appeal, International Securities Exchange, LLC (“ISE”) challenges the determination of the Patent Trial and Appeal Board (the “Board”) in inter partes review proceedings involving U.S. Patent Nos. 7,356,498 (“the '498 patent”) (IPR2014-00097) and 7,980,457 (“the '457 patent”) (IPR2014-00098). The Board found that ISE failed to show by a preponderance of the evidence that the challenged claims of the '498 and '457 patents are un-patenta-ble as either anticipated, obvious, or both, under 35 U.S.C. § 102(e) and 35 U.S.C. § 103(a). In light of our decision in Chicago Bd. Options Exch., Inc. v. Int’l Secs. Exch., Case Nos. 2015-1728, -1729, and - 1730, issued contemporaneously herewith, affirming the Board’s conclusion that both patents address unpatentable subject matter under 35 U.S.C. § 101, we find this companion case moot. We dismiss the appeal and vacate the Board’s decisions.

DISMISSED

Reference

Full Case Name
INTERNATIONAL SECURITIES EXCHANGE, LLC v. CHICAGO BOARD OPTIONS EXCHANGE, INC.
Status
Published