Posted on

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…

Read more

Posted on

Uniloc Communications System Patent Survives § 101 Challenge Based on Technical Improvement: Uniloc USA, Inc. v. LG Electronics USA, Inc.

Patent claims directed to a communication system recite a technical solution and therefore, the Federal Circuit held, are not patent-ineligible under 35 U.S.C. § 101 and the two-part Mayo/Alice test. Uniloc USA, Inc. v. LG Electronics USA, Inc., No. 2019-1835 (Fed. Cir. April 30, 2020) (precedential) (opinion by Judge Moore, joined by Judges Reyna and Taranto). The court thus reversed Judge Koh in the Northern District of California, who had found that claims of U.S. Patent 6,993,049 were not patent-eligible, and had granted a Rule12(b)(6) motion to dismiss. Representative claim 2 of the ’049 patent recites: A primary station for use in a communications system comprising at least one secondary station, wherein means are provided for broadcasting a series of inquiry messages, each in the form of a plurality of predetermined data fields arranged according to a first communications protocol, and for adding to each inquiry message prior to transmission an additional data…

Read more

Posted on

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…

Read more

Posted on

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…

Read more

Posted on

What Kind of Technical Improvement Is Enough for Patent Claims to Survive Alice?

Three patents directed to improving wireless digital signal transmission by “protecting data from loss due to transmission errors” have survived a summary judgment motion seeking to invalidate claims under 35 U.S.C. § 101 and the two-part Alice/Mayo test. The California Institute of Technology v. Broadcom Ltd., (C.D. Cal. Jan. 18, 2019). The court found that claims of US Patent Nos. 7,116,710, 7,421,032, and 7,916,781 “improve[d] on previous data encoding methods by allowing for more efficient data transmission,” and that this was a patent-eligible technical solution. The three patents had a common priority claim and a common specification. At risk of oversimplification, the specification described, and the claims purportedly embodied, the technical improvement of manipulating bits of data to provide error correction codes to improve accuracy without bloating the amount of data being transmitted. After addressing claim construction issues in providing a general background of the law of patent-eligibility, the court turned to the heart of…

Read more