By Memorandum Opinion entered by The Honorable Richard G. Andrews in UbiComm, LLC v. Zappos IP, Inc., Civil Action No. 13-1029-RGA (D.Del., November 13, 2013), the Court granted Defendant Zappos IP, Inc.’s Motion to Dismiss the Complaint of Plaintiff UbiComm, LLC, which alleged infringement of U.S. Patent No. 5,603,054 (the”’054 patent”) by Zappos. The Court agreed with Zappos and granted the dismissal of UbiComm’s complaint after finding that the ‘054 patent claims an abstract idea and, therefore, is directed to ineligible subject matter under 35 U.S.C. §101. Id. at 3-13.
Copies of the Memorandum Opinion and Order are attached.