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Telephone Call Processing Claims Patent-Ineligible

Various claims of two patents covering telephone call processing were found to be directed to respective patent-ineligible abstract ideas: “sequentially dialing a list of telephone numbers to overcome a busy signal,” and retrieving stored data from a “database in response to the initiation of a phone call, and inserting at least a portion of that data in the already-existing callerID field.” Because the claims did not recite a significant additional “inventive concept,” the court granted a motion for judgment on the pleadings based on patent-ineligibility under 35 USC § 101 and the Alice/Mayo test in BroadSoft, Inc. v. CallWave Communications, LLC, No. 13-711-RGA  (D. Del. Oct. 1, 2017). There were two categories of claims at issue in the patents-in-suit (US 8,351,591 and US 7,822,188): the “sequential dialing claims” and the “single number outcall claims.” Independent claim 40 of the ’188 patent was a sequential dialing claim. The court characterized this…

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