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Automated Delivery Notification is Ineligible Subject Matter

The Southern District of Florida recently granted a motion to dismiss in favor of Minted LLC, and a motion for judgment on the pleadings in favor of ShoppersChoice.com LLC based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test. At issue wasclaim 11 of U.S. Patent No. 9,373,261, directed to a system for automating notification of delivery or pickup of a good or service. Electronic Communication Technologies, LLC v. Minted, LLC, No. 16-81669-CIV (S.D. Fla. Jan. 18, 2019); Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC, No. 16-81677-CIV (S.D. Fla. Jan. 18, 2019). Claim 11 of the ‘261 patent was ineligible because the claim was directed toward the abstract idea of “providing advance notification of the pickup or delivery of a mobile thing,” and the claim recites “purely generic and conventional computer equipment” that operates in a “routine and conventional” manner. Claim 11 is reproduced here: 11. An automated…

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Lack of Functional Improvement Renders Method Claims Ineligible

The District of Delaware recently granted a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent No. 8,429,005 directed to a method for providing a user an electronic replication of a physical publication page. Tangelo IP, LLC v. Tupperware Brands Corp.  No. 18-cv-692-RGA (D. Del. Nov. 26, 2018). The claims of the ‘005 patent were ineligible because the claims were directed toward the abstract idea of “using an identifier to allow a reader of a printed publication to access related information not in the printed publication,” and the claim limitations failed to “amount to ‘significantly more’ than…the abstract idea itself.” The court held claim 1 of the ‘005 patent was a representative claim. Claim 1 is reproduced here: 1. A method for providing a user an interactive and electronic replication of at least a portion of a corresponding…

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Generic Structure Not Enough to Establish Patent-Eligibility

The Northern District of California recently granted a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent No. 8,350,928, directed to “a system and method for the automatic analysis and categorization of images in an electronic imaging device.” Secure Cam, LLC v. Tend Insights, Inc., No. CV 18-02750-EJD (N.D. Cal. Nov. 14, 2018). The claims of the ‘928 patent were ineligible because, like In re TLI Communications LLC Patent Litigation, 823 F.3d 607, 613 (Fed. Cir. 2016), the claims were directed to the abstract idea of analyzing and automatically categorizing digital images. Further, like TLI, the claims include physical components, such as a digital camera, “but the physical components ‘merely provide a generic environment in which to carry out the abstract idea.’” The ‘928 patent is the parent application for three continuation applications (U.S. Patent Nos. 8,531,555, 8,836,819,…

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Courts Splits Patent-Eligibility of Method and System Claims

The Central District of California recently granted, in part, a motion to dismiss based on lack of patent-eligible subject matter, under 35 U.S.C. § 101 and the Alice/Mayo test, in claims of U.S. Patent No. 8,934,535,  directed to a method for data compression and decompression. Realtime Adaptive Streaming LLC v. Google LLC, et al., No. CV 18-3629-GW(JCx) (C.D. Cal. Oct. 25, 2018). The court denied the motion for two other patents (U.S. Patent Nos. 9,769,477 and 7,386,046) with claims directed to system of data compression and decompression. The method claims of the ’535 patent were ineligiblebecause the patent failed to state that the claimed method would result in an increased compression speed. Concerning the’477 and ’046 patents, on the other hand, Google failed to show that the claimed systems, which included multiple compression encoders selected for use based on evaluating data, did not impart structural organization to computer processing comparable to the computer memory…

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