Posted on

Creating “Member” Webpages Held Not Patent-Eligible

Patent claims directed to allowing “Internet users to communicate with members of a group” via “designated webpages” are not patent-eligible under 35 USC § 101, said the court in EveryMD.com LLC v. Facebook Inc., No. CV 16-06473-AB (JEMx) (N.D. Cal. May 10, 2017).  Thus, the court granted the defendant’s motion for judgment on the pleadings under FRCP 12(c), dismissing a complaint for infringement of U.S. Patent Nos. 9,137,192 and 8,504,631. The plaintiff’s own description of the claimed invention probably put the writing on the wall with respect to patent-eligibility: this invention could serve groups of healthcare professionals by providing a searchable website through which potential patients, or “users” as described in the specification, could locate and communicate with doctors, or “recipients,” even if the professional is not active on the Internet. That is, a doctor not active on the Internet could nonetheless have his or her own “homepage” with contact…

Read more

Posted on

Are Patient Monitoring Claims Patent-Eligible?

Addressing a defendant’s motion for judgment on the pleadings, a court has held that some patent claims directed to monitoring and analyzing patient data cannot be deemed patent-ineligible at the pleading stage, while other asserted claims are patent-ineligible as a matter of law.  CardioNet, LLC v. InfoBionic, Inc., No. 1:15-cv-11803-IT (D. Mass. May 4, 2017).  The patents-in-suit are U.S. Patent Nos. RE43,767, 7,212,850, 7,907,996 and 7,099,715. Considering each of the patents in turn, the court began with the ’767 patent (“Control of Data Transmission between a Remote Monitoring Unit and a Central Unit”).  Asserted claim 9 recited “steps of providing a monitoring apparatus” that provided data from a remote patient monitoring unit to a central unit. The claims represented no “specific improvement to computer activities,” but rather “is directed to the abstract idea of gathering a limited set of patient data and then determining whether to gather additional data.” However, it…

Read more

Posted on

CAFC Says Internet Message Publishing Not Patent-Eligible

The Federal Circuit has found patent-ineligible claims of five “patents [that] are generally directed to allowing ‘any person or organization to easily publish a message on the Internet.’” – internet message publishing. EasyWeb Innovations LLC v. Twitter Inc., No. 2016-2066 (May 12, 2017) (opinion by Judge Hughes; non-precedential). The patents at issue are U.S. Patent Nos. 7,032,030; 7,596,606; 7,685,247; 7,689,658; and 7,698,372. Claim 1 of the ’247 patent was considered as representative for purposes of applying the Mayo/Alice patent-eligibility test: A message publishing system (MPS) operative to process a message from a sender in a first format, comprising: a central processor; at least one sender account; at least one storage area configured to store at least a first portion of the message; and software executing in the central processor to configure the processor so as to: identify the sender of the message as an authorized sender based on information associated with…

Read more

Posted on

Software’s Capability to Infringe Is Not Patent Infringement

A claim for direct patent infringement could not be sustained where Microsoft software, even under the plaintiff’s theory of infringement, would have required additional user configuration before all claim elements were met.  Parallel Networks Licensing LLC v. Microsoft Corp., No. 1-13-cv-02073 (D. Del. April 10, 2017). The court initially granted summary judgment because the plaintiff had been untimely in introducing its new theory of direct patent infringement, but then explained that summary judgment was independently warranted because the plaintiff’s claim of direct infringement was unsupported by the plaintiff’s own theory of the facts. The independent claims of US Patent No. 5,894,554 at issue were claims 20 and 46, each directed to “a machine readable medium having stored thereon data representing sequences of instructions” that caused a computer to perform certain recited steps. Agreeing with Microsoft’s argument that an expert report “introduced an entirely new damages theory based on an entirely…

Read more

Posted on

E.D. Texas: Digital Product Licensing Not Patent-Eligible

Patent claims directed to “adjusting the number of devices allowed to use a digital product (e.g., software) under a license” are not patent-eligible, says Judge Robert W. Schroeder of the Eastern District of Texas.  Uniloc, USA, Inc. v.  Amazon.com, Inc., Civil Action No. 2:16-CV-00570-RWS (Lead) (E.D. Texas, March 20, 2017).  Thus, Judge Schroeder granted a motion to dismiss brought under FRCP 12(b)(6) for lack of patent-eligible subject matter, finding claims of U.S. Patent No. 8,566,960 invalid under 35 U.S.C. § 101 and the Mayo/Alice test. Representative independent claim 22 of the ’960 patent recites: A method for adjusting a license for a digital product over time, the license comprising at least one allowed copy count corresponding to a maximum number of devices authorized for use with the digital product, comprising: receiving a request for authorization to use the digital product on a given device; verifying that a license data associated…

Read more