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Energy Management Patent Triggers a Covered Business Method Review

  • 01.23.15
  • Michael V. Messinger and Lestin Kenton
  • Sterne, Kessler, Goldstein & Fox

Faced with a patent threat, renewable energy and climate change companies may have a new defense option – a Covered Business Method (CBM) proceeding.

This week, in a case brought by Opower Inc., judges at the Patent Trial and Appeal Board instituted CBM review of an energy management patent now owned by CleanTech Business Solutions, LLC. In so doing the judges acknowledged that a patent where an energy resource was a “valuable resource” exchanged for currency or other item of value met the financial prong of the test for CBM eligibility.

To read our full analysis of the CBM institution, download the attached PDF.

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