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Federal Circuit Affirms § 101 Ineligibility of Set-Top Box Advertising Claims: Customedia Techs., LLC v. Dish Network Corp.

Claims of two patents directed to “data management and on-demand rental and purchase of digital data products,” e.g., selling advertising to be displayed via a set-top box, recites patent-ineligible subject matter under 35 U.S.C. § 101 and the Alice/Mayo test, held the Federal Circuit in Customedia Techs., LLC v. Dish Network Corp., No. 2018-2239 (March 6, 2020) (precedential). The Federal Circuit, in an opinion by Judge Moore, joined by Chief Judge Prost and Judge Dyk, affirmed the PTAB’s final written decisions, in Covered Business Method Review proceedings, of ineligibility of U.S. Patent Nos. 8,719,090 and 9,053,494. Claim 1 of the ’090 patent recites: 1.  A data delivery system for providing automatic delivery of multimedia data products from one or more multimedia data product providers, the system comprising: a remote account transaction server for providing multimedia data products to an end user, at least one of the multimedia data products being specifically identified…

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Patent Claims to Virtual Smartphone for Automobile Fail Alice Test: KCG Technologies, LLC v. CarMax Auto Superstores, Inc.

Claims directed to a virtual smartphone that could be displayed on a vehicle touchscreen are patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice patent-eligibility test, held the court in KCG Technologies, LLC v. CarMax Auto Superstores, Inc. The court thus granted the defendants’ Rule 12(b)(6) motion to dismiss. Claim 1 of U.S. Patent No. 9,671,955 recites: A virtual smart phone, comprising: a screen mounted in an automobile; a processor, a non-transitory memory, and a power port mounted in the automobile; a software application executing on the processor to control image display on the screen and emulate features of a handheld device; a visual representation of a plurality of features of the handheld device on the screen; and an interactive element, wherein the interactive element allows access to the plurality of features of the handheld device, wherein the plurality of features of the handheld device comprises volume control, messages, phone call,…

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Organizing Security System Display Data Survives Patent-Eligibility Challenge

Proving that application of the Mayo/Alice patent-eligibility test remains unpredictable and inconsistent, patent claims directed to a security system that monitors “premises using a graphical floor plan” have survived a motion for summary judgment brought under 35 U.S.C. § 101. Applied Capital, Inc. v. ADT Corp., 1:16-CV-00815 (D. N.M. August 7, 2019). U.S. Patent Nos. 8,378,817 and  9,728,082, in a priority chain and having a common specification, were both entitled, and directed to, a “Premises Monitoring System.” Claim 1 of the ’817 patent is representative: A method comprising: receiving one or more signals containing a device identifier and a device condition from one or more remote alarm monitoring systems; retrieving enhanced information based on the device identifier and the device condition; determining one or more communication methods and communication destinations based on the device identifier and the device condition; and dispatching the enhanced information to the one or more communication…

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Factual Dispute Precludes Summary Judgment on Alice / § 101 Motion

Finding that competing expert declarations raised a factual question concerning whether claims recited an inventive concept, a  Delaware magistrate judge found that a summary judgment motion for invalidity of claims of U.S. Patent No. 8,490,123 under 35 USC § 101 and the Mayo/Alice test should be denied. S.I.SV.EL. Societa ltaliana per lo Sviluppo Dell’Elettronica S.p.A v. Rhapsody International Inc., Civil Action No. 18-69-MN-CJB (March 12, 2019). A defense expert said that there was no novelty in an ordered combination recited in the claims, and the plaintiff’s expert said there was. This was enough for the court to deny the summary judgment motion. The ’123 patent is directed to “generating a user profile on the basis of playlists.” Representative claim 1 recites: A method of generating a user profile for a given user from at least one first playlist including a first sequence of content and being associated with the given…

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Network Monitoring Patents Fail Alice Test, Says Delaware’s Judge Stark

Two patents directed to monitoring network response times to determine responsiveness of network services are invalid under 35 U.S.C. § 101 and the Alice/Mayo test, held Judge Stark in the District of Delaware. Citrix Systems, Inc. v. AVI Networks, Inc., No. 17-1843-LPS (D. Del. Feb 13, 2019). Accordingly, the court granted a Rule 12(b)(6) motion to dismiss claims of infringement of US Patent Nos. 8,230,055 and 7,720,954. The court found that claims of the ’055 and ’954 patents “are directed to the abstract idea of using a dynamic response time to determine availability.” The patents distinguish themselves from the prior art by explaining that the dynamic determination of response time, taking “into account variations due to increased load or type of request,” was more accurate than prior art methods that determined availability using static response times. Thus, in the words of the court, “the claimed innovation is the use of one formula (determining…

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