Tuxis Technologies, LLC v. Amazon.com, Inc., C.A. No. 13-1771-RGA, March 25, 2015.

Andrews, J.  Defendant’s motion to dismiss for failure to state a claim under section 101 is granted as to all asserted claims.  Oral argument was held on May 23, 2014.  A prior motion to dismiss was granted with respect to claim 1, and after additional briefing and consideration of supplemental authority all claims are dismissed.

The disputed technology is directed to “upselling,” which the court finds is an abstract idea with a longstanding commercial practice.  Plaintiff claims that the particular ways to implement the upselling is novel.  Applying the Alice framework, the court finds that the fact that the upselling occurs remotely and/or over the Internet does not make the claimed subject matter non-abstract.  The court finds that the negative limitations in the claims are well-understood, routine, conventional activity.  The routine steps in the claims do not transform the abstract idea of upselling into patent-eligible subject matter.