Kaavo Inc. v. Amazon.com Inc. et al., C.A. Nos. 15-00638-LPS-CJB, 15-00640-LPS-CJB, November 3, 2016.

Burke. M. J. Report and recommendation recommending that defendants’ motions to dismiss based on section 101 non-patent-eligible subject matter be denied.

The disputed patent relates to methods and devices for managing a cloud computing environment. Defendants assert that the setting up and managing a computing environment is an abstract idea under Step 1 of Alice.  The court concludes that the disputed claim is directed to the abstract idea of “setting up . . . a cloud computing environment.”  With respect to Alice Step 2, the court finds there are genuine issues of material facts which preclude granting the motions without prejudice.