subject matter ineligibility

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Finnavations LLC v. Payoneer, Inc., Civil Action No. 18-444-RGA (D.Del. November 26, 2018) (consolidated), the Court granted defendants’ motion to dismiss under 35 U.S.C. §101 after concluding that the asserted claims of the patent-in-suit, U.S. Patent No. 9,569,755 (“the ‘755 Patent”), are directed to patent ineligible subject matter and do not contain an inventive concept.

A copy of the Memorandum Opinion is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in IPA Technologies, Inc. v. Amazon.com, Inc. et al., Civil Action No. 16-1266-RGA (D.Del. March 31, 2018) (consolidated), the Court granted Defendants’ motions to dismiss as to claim 1 of U.S. Patent No. 6,742,021 (“the ‘021 patent”), claim 1 of U.S. Patent No. 6,523,061 (“the ‘061 patent”), and claim 1 of U.S. Patent No. 6,757,718 (“the ‘718 patent”) after finding that those claims are each drawn to an abstract idea and that none of them provide an inventive concept. In reaching its findings, the Court noted, among other things, that the subject claims are “aspirational in nature and devoid of any implementation details or technical description” that would permit the Court to conclude that any of the subject claims as a whole are directed to something other than the abstract idea of retrieving electronic data in response to a spoken request, and transmitting the retrieved data to a user. Id. at *18.

A copy of the Memorandum Opinion is attached.

By Memorandum Opinion entered by The Honorable Leonard P. Stark in 3G Licensing, S.A. et al. v. Blackberry Ltd. et al., Civil Action No. 17-82-LPS-CJB (D.Del. March 22, 2018) (consolidated), the Court granted Defendants’ motion pursuant to Federal Rule of Civil Procedure 12(c) for judgment on the pleadings that all the claims of U.S. Patent No. 6,212,662 (“the ‘662 patent”) are invalid under 35 U.S.C. § 101. The ‘662 patent is entitled “Method and Devices for the Transmission of Data with Transmission Error Checking” and “[t]he invention relates to a method for the transmission of data with transmission effort checking.” Id. at *1. In short, upon conducting the two step Alice/Mayo analysis, the Court found that the claims of the ‘662 patent were directed to an abstract idea and did not contain an inventive concept. Id. at *11-18. Thus, the Court held that the ‘662 patent is not patent eligible and granted motion for judgment on the pleadings on invalidity in favor of Defendants. Id. at *18.

A copy of the Memorandum Opinion is attached.

By Memorandum Order entered by The Honorable Leonard P. Stark in Yodlee, Inc. v. Plaid Technologies Inc., Civil Action No. 14-1445-LPS-CJB (D.Del. January 27, 2017), the Court overruled the objections of both parties and adopted in full the Report and Recommendation previously entered by United States Magistrate Judge Christopher J. Burke concluding that defendant’s motion to dismiss the asserted patent infringement claims should be granted in part and denied in part for the reasons set forth in Judge Burke’s detailed 35 U.S.C. § 101 analysis. The Court also granted in part and denied in part defendant’s motion for summary judgment seeking judgment of patent ineligibility with respect to all asserted claims of the seven patents in suit. Id. at *3.

A copy of the Memorandum Order is attached.