Software Is Unpatentable Despite Being Directed To A Particular Technical Environment

Morris James LLP
Contact

YYZ, LLC v. Hewlett-Packard Company, C.A. No. 3-136–SLR; YYZ, LLC v. Adobe Systems, Inc., C.A. No. 13-579-SLR; YYZ, LLC v. Pegasystems, Inc., C.A. No. 13-581-SLR, October 8, 2015.

Robinson, J.   Defendants’ motions for summary judgment of invalidity are granted and plaintiffs’ cross-motions of validity are denied.  Defendants’ motions to strike the expert declaration are denied as moot.

The court finds that the asserted claims operate in an asynchronous message-based communications environment and fix problems only existing in those environments.  Under the Alice framework, the court finds that despite narrowing the idea to a particular technological environment is insufficient under § 101.  The court rules that despite an expert’s declaration plaintiff has not raised triable issue of fact sufficient to withstand summary judgment. A method of accomplishing routine functions requires more than just an “apply it” directive even in a specific technical environment. The motion to strike the declaration of plaintiff’s expert Mr. Shutz is denied as moot.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morris James LLP | Attorney Advertising

Written by:

Morris James LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Morris James LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide