Thales

Patent Claims to 3D Virtual Environment Held Ineligible at Pleadings Stage: Barbaro Technologies, LLC v. Niantic Inc.

Patent claims directed to a 3D virtual game environment were held ineligible on a Rule 12(c) motion for judgment on the pleadings under 35 U.S.C. § 101 and the  Alice/Mayo test. Barbaro Technologies, LLC v. Niantic Inc., Case No. 18-cv-02955-RS (N.D. Cal. May 21, 2020). The plaintiff had alleged that defendants infringed claims of two patents, US Patent 7,373,377 and US Patent 8,228,325. Asserted claims of the ’325 patent were held ineligible. Claim 1 of the ’325 patent recites: A computer system for providing a virtual thematic environment, comprising: at least one memory having at least one program comprising the steps of: retrieving information for utilization with a three-dimensional virtual thematic environment, from external sources over the internet, said information including a real-world geographic location of a user within said three-dimensional virtual thematic environment; and integrating said information into the three-dimensional virtual thematic environment, such that the three-dimensional virtual thematic environment includes said real-world geographic location displayed to the user as said three-dimensional virtual thematic environment; wherein the user interacts with the three-dimensional virtual thematic environment as a simulated real-world interaction, depending on the user’s geographical three-dimensional movement through the three-dimensional virtual thematic environment; and at least one processor for running… Read More »Patent Claims to 3D Virtual Environment Held Ineligible at Pleadings Stage: Barbaro Technologies, LLC v. Niantic Inc.

CAFC Holds Patent-Ineligible Claims to Ranking Stations in Ad-hoc Radio Network: Cisco Systems, Inc. v. Uniloc 2017

Patent claims directed to “determining a master/slave rank of each station” in an ad hoc radio network are directed to the patent-ineligible “abstract idea of selecting the highest ranked station.” Cisco Systems, Inc. v. Uniloc, 2017, No. 2019-2048 (Fed. Cir. May 13, 2020) (opinion by Judge Moore, joined by Judges O’Malley and Taranto) (non-precedential). The Federal Circuit therefore affirmed a decision by the Northern District of California under FRCP 12(c) dismissing a cause of action for patent infringement of claim 6 of U.S. Patent No. 6,980,522 based on patent-ineligibility under 35 U.S.C. § 101. Claim 6 of the ’522 patent recites: A method of operating an ad-hoc radio communication system having a plurality of stations formed into at least one network, the method comprising the step of: determining a master/slave rank of each station in the network representative of the station’s suitability for acting as master in the network using antenna performance characteristics of each station in view of the antenna’s local environment; and enabling a station with the highest rank to be master. Under Alice step one, district court had held claim 6 directed to the patent-ineligible abstract idea of “ranking stations based on antenna performance characteristics and selecting… Read More »CAFC Holds Patent-Ineligible Claims to Ranking Stations in Ad-hoc Radio Network: Cisco Systems, Inc. v. Uniloc 2017