Intellectual Ventures I, LLC, et al. v. Motorola Mobility LLC, C.A. No. 11-908-SLR, February 24, 2015.

Robinson, J. Defendant’s motion for summary judgment of invalidity and indefiniteness is granted in part and denied in part.

Following a 9-day jury trial, a mistrial was declared due to a hung jury. The court granted JMOL with respect to invalidity of certain claims. New trial dates were set for remaining claims, and the court addresses here defendant’s supplemental submission regarding patent eligibility and indefiniteness. The disputed technology relates to distributing updates of computer software, a quality of service aware wireless point-to-multi-point transmission systems, and file transfers between computers. With respect to § 101 invalidity, defendant asserts that certain claims are directed to the abstract idea of “distributing software updates to a computer.” The court agrees, and further finds that the recitation of specific hardware elements is insufficient to confer the requisite specificity under Alice. With respect to claims relating to coupling generic stations over a shared bandwidth and then allocating bandwidth, the court finds that step 2 of the Alice framework is satisfied because the invention does more than claim an abstract idea and say “apply it with a computer.” The inventive concept is found in the limitation of using packet headers to allocate the bandwidth.  The court finds that the terms “wireless bandwidth” and “unique transaction identifier” are not indefinite.