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Simio, LLC v. FlexSim Software Products, Inc.: Important Precedent for § 101 Patent-Eligibility of Software (or Lack Thereof)

The Federal Circuit ended 2020 with a precedential opinion holding that patent claims directed to providing a graphical user interface for controlling a software object’s behavior were patent-ineligible under the Alice/Mayo test and 35 USC § 101. Simio, LLC v. FlexSim Software Products, Inc., No. 2020-1171 (December 29, 2020; opinion by Chief Judge Prost, joined by Judges Clevenger and Stoll). The court held claims of U.S. Patent No. 8,156,468 were “directed to the abstract idea of using graphics instead of programming to create object-oriented simulations,” and that this abstract idea is patent ineligible. Claim 1, the only independent claim of the ’468 patent, recites: A computer-based system for developing simulation models on a physical computing device, the system comprising: one or more graphical processes; one or more base objects created from the one or more graphical processes, wherein a new object is created from a base object of the one…

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Wireless Surveillance System with Generic Components is Patent-Ineligible: Sensormatic Elect., LLC, v. Wize Labs, Inc.

In granting a motion to dismiss based on lack of patent-eligible subject matter under 35 U.S.C. § 101 and the Alice/Mayo test, a court held that patent claims for multiple patents directed to “wireless surveillance systems for monitoring a target environment” are abstract ideas, and “merely implement[ing] the abstract idea of wireless communication and remote surveillance using well-known, generic computer components and functionalities” does not provide an inventive concept. Sensormatic v. Wyze Labs., No. 19-1543-CFC (D. Del. Sept. 3, 2020) (patents-in-suit are U.S. Patent Nos. 7,954,129; 7,730,534; 7,936,370; and 8,610,772) The court identified claim 14 of the ‘129 patent as representative of all claims in the asserted patents. Independent claim 14 of the ‘129 patent is reproduced here: 14. A surveillance system for wireless communication between components comprising: a base system including at least two wireless input capture devices (ICDs), the ICSs having at least one sensor and at least one input…

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